Williams v. Thompson
| Decision Date | 18 March 1931 |
| Docket Number | No. 259.,259. |
| Court | North Carolina Supreme Court |
| Parties | WILLIAMS. v. THOMPSON et al. |
Appeal from Superior Court, Wake County; Clayton Moore, Special Judge.
Proceeding under the Workmen's Compensation Act by Melvin Williams, claimant, opposed by J. Marvin Thompson, employer, and the National Casualty Company, insurance carrier. Judgment affirming an award in favor of claimant, and employer and insurance carrier appeal.
Affirmed.
This was a claim under the Workmen's Compensation Act in which the claimant sought compensation for an injury resulting from gasoline and oil and other substance getting into his eye. The defendants denied that the injury complained of resulted naturally and unavoidably from the accident arising out of and in the course of employment.
The case came on for hearing and was heard before Commissioner Wilson, and compensation was awarded by Commissioner Wilson. The case was heard by the full commission for a review of the findings and award of Commissioner Wilson, and for the purpose of hearing further evidence if found necessary or advisable for the enlightenment of the commission. The award of Commissioner Wilson was affirmed by the full commission. Thereupon, the defendants appealed to the superior court, and the matter came on for hearing before the Honorable Clayton Moore, judge presiding over the February, 1931, term of the superior court of Wake county. The superior court affirmed the award of the full commission, and the defendants appealed to the Supreme Court. Notice of appeal was given in open court, and further notice was waived.
It was admitted in open court that the claimant was regularly employed by the defendant J. Marvin Thompson at the time of the injury; that the National Casualty Company had insured the compensation liability of employer, J. Marvin Thompson; that the average weekly wage of employee, Melvin Williams, was $16.50; that during the regular employment Melvin Williams got some gas from a carburator in his eye, which irritated his eye; and that there was no default in the notice of this injury or of the hearing.
The judgment of the court below was as follows: "This cause coming on to be heard before His Honor, Clayton Moore, Judge holding the February Term, 1931, of Wake Superior Court, upon the appeal by the defendants from the judgment rendered in this cause by the North Carolina Industrial Commission, at Raleigh, N. C, on the 23rd day of June, 1930, and being heard, on the 12th day of February, 1931, at Chambers in Raleigh, N. C., and the Court being of the opinion that there is no error in the opinion and judgment rendered by said Industrial Commission, it is, Ordered and adjudged that the judgment rendered by said Industrial Commission be, and it is hereby affirmed."
Smith & Joyner, of Raleigh, for appellants.
R. L. McMillan and C. A. Douglass, both of Raleigh, for appellee.
The defendants contend: Was there sufficient evidence to sustain the finding of fact by the Industrial Commission that plaintiffs injury, to wit, the loss of vision occasioned by gonorrhea ophthalmia, resulted naturally and unavoidably from the dropping of gasoline into his eye?
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