Wright v. Crown Cork & Seal Co.

• Decision Date: 09 June 1950
• Docket Number: 192.
• Citation: 74 A.2d 22,195 Md. 600
• Parties: WRIGHT v. CROWN CORK & SEAL CO.
• Court: Maryland Court of Appeals

74 A.2d 22

195 Md. 600

WRIGHT v. CROWN CORK & SEAL CO.

No. 192.

Court of Appeals of Maryland.

June 9, 1950

Marshall A. Levin, Baltimore (Levin & Levin, Baltimore on the brief), for appellant.

J Sarsfield Sweeny, Baltimore (Hershey, Donaldson, Williams & Stanley, Baltimore, on the brief), for appellee.

Before MARBURY, C J., and DELAPLAINE, COLLINS, GRASON, HENDERSON and MARKELL JJ.

GRASON, Judge.

This is a workmen's compensation case. The sole and only issue is did the workmen file his claim for compensation within the time for him to do so, as prescribed by law? Neither fraud nor estoppel is involved. The State Industrial Accident Commission denied the claim and refused compensation, because the claim was not filed 'within one year after the beginning of his disability'. Supp.Code 1947, art. 101, sec. 38. From its order the claimant appealed to the Baltimore City Court. The case was tried in that court before a jury. There was only one issue submitted to the jury: 'Did the above Claimant file his claim within the time allowed by law?' Testimony was taken and the case submitted to the jury. It answered to issue 'yes', thus overruling the Commission. The judge granted a motion for judgment non obstante veredicto, reversed the finding of the jury, answered the issue 'no', and entered a judgment for the employer for costs. The claimant appealed.

Edwin J. Wright (claimant and appellant) was employed by the Crown Cork and Seal Company (defendant and appellee). The accident happened on September 13, 1947. Prior thereto Wright had been employed continuously by the Company for over three years as an 'industrial engineer, laying out the new building'. At the time of the accident, he said: 'I was in the process of laying out the new building. I was down on the haunches, on the floor, and the place I had to mark for the men to come and drill holes in the floor, I had to be behind some big cases, about nine feet high and five feet in width, and two cases like that, I was told after awhile, weigh about nine hundred pounds. * * * A lift truck came the other side of the cases, tried to get under the cases, tried to lift them up, and pushed them over on me. Well, nine hundred pounds is a lot of weight to have on your back and it was crushing me.' He stated he fell on the floor, was picked up and taken to the 'first aid', and Dr. Pillsbury came in and examined him. He returned to work that day and continued to do the same work for the Company until it closed down on September 24, 1948.

The claim for compensation was not filed by Wright until October 28, 1948, this is, one year and 45 days from the date of the accident. He says he was injured in 'the knees and the back'; that his 'shoulders ached for about four months after the accident'; that the boxes hit his 'head, back and the whole back of my body'. There was a column that the boxes hit, that broke the force of the blow he received. His 'knees ache continually'. 'Q. Did you, yourself, fully perform your tasks physically afterwards, as you did before? A. Not after about four months after the accident. * * * Q. What was the condition of your knees after this accident and what symptoms did you notice, if any? A. Approximately four months after the accident, I noticed I had locking of the knees; every time I crossed my legs, my knees would lock. 'I'd have to unlock the knee and put the leg down on the floor.' The doctor examined him and told him 'there was a mouse in the knees'. He said for three months after the accident 'I ached all over, I didn't feel as strong as I was before. * * * Q. What were your symptoms September 13, 1947? A. From the accident on, September 13, 1947, I ached all over, I was weaker than I was before. * * * Approximately three to four months after that, when my knees began to lock.' They 'never locked before that time'.

On cross examination Wright testified: From the date of the accident, approximately three times a week, heat treatments were applied, for 'approximately three to four months'. 'Q. To what parts of your body? A. To the knees particularly.' He admitted he testified before the Commission: That he was taken to the 'first aid' after he was injured, and examined by Dr. Pillsbury, and heat treatment was administered; both knees were bandaged; that the locking of his knees occurred within a week after the accident, and that was when Dr. Pillsbury told him there was a mouse in there. 'Q. Do you remember your knees actually locking when Dr. Pillsbury was there? A. I don't remember. Q. If you did not have this locking, Mr. Wright, what symptoms did you have in your knees, from September 13, 1947, to October 15, 1947? A. I remember one time trying to dance and they'd swell after that. Q. That was between * * * September 13 to October 15, 1947, and your answer is that at one time you tried to dance and they began to swell? A. That's right.' And he said that his knees continued to swell if 'I exerted myself in any way.'

In his claim filed with the Commission, Wright gave the following description of the accident: 'While zoning aisles in building, in crouching position, two crates of materials weighing about 900 lbs. came down on me.'

Dr. Pillsbury testified that he first saw the claimant on September 15 1947, at the plant, and that claimant then told him that a high-lift pushed several boxes against him 'injuring his shoulders and back'. On the 17th of September, 1947, the was X-rayed for 'the shoulder, which included the scapula and the clavicle, and showed no evidence of any bone injury. He was continued to be seen off and on at the plant, and during September, the last record I have, was September 22nd, October 15th, October 20th--that is in 1947--then again on the 19th of October, 1948. On October 15, 1947 * * * he (claimant) returned to the plant * * * and stated that since he caught the load on his shoulder he sustained some injury to his right knee and at the time did not pay much attention to the right knee.' He said to the doctor that that condition had gotten worse, and on several occasions it had locked on him. He said to the doctor: "The latest occurrence of locking was today in the first aid room.' That was under date of 10-15-47.' There was...