Burlington Mills Corp. v. Hagood

13 S.E.2d 291, 177 Va. 204, 1941 Va. LEXIS 207
CourtSupreme Court of Virginia
DecidedFebruary 24, 1941
DocketRecord No. 2385
StatusPublished
Cited by90 cases

This text of 13 S.E.2d 291 (Burlington Mills Corp. v. Hagood) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burlington Mills Corp. v. Hagood, 13 S.E.2d 291, 177 Va. 204, 1941 Va. LEXIS 207 (Va. 1941).

Opinion

Spratley, J.,

delivered the opinion of the court.

This appeal is from a decision of the Industrial Commission of Virginia awarding the appellee, Inez Hag'ood, compensation for disabilities alleged to have been due to an accident in the course of her employment.

There was little dispute in the evidence before the Commission. As found by 'Commissioner Nickels on the hearing before him and adopted by the full 'Commission on- its review, the facts are as follows:

On March 23, 1939, Mrs. -Hag'ood, 20' years of age, a regular employee of the appellant, was working at a machine, approximately 15 feet away from an electric motor which was being repaired. A loose wire in the motor [207]*207caused a short circuit, which produced an electric flash and a sound resembling that of a shotgun. Mrs. Hagood saw the flash and had started to fall backwards when she was rescued by a coemployee. She said that she felt as if something had run up her arm. First aid was administered, and she was sent to her home.

On the next day, she returned to work and worked steadily, with the exception of two intervening days, until April 13, 1939. "While at work on April 13, 1939, she looked up and suddenly saw the employee who had caught her when she fell on March 23rd. She thereupon fainted and fell, and has not returned to work since.

The electrical wiring* in the plant was such that it was impossible for the current to have reached the machine upon which she was working. There was no pathology disclosing electrical burns or other physical conditions which usually result from electrical shock. Mrs. Hagood tacitly admitted that she did'not hear the sound of the explosion, having* fainted immediately upon sight of the flash.

Further facts and the conclusions of the Commission are stated in this language:

“While the claimant continued her work as disclosed hereinabove, the facts proven show that it was with difficulty as she was in an extremely nervous condition which had persisted from March 23rd to April 13th, the date upon which she ceased her activities as an employee. The medical evidence of both parties at issue shows conclusively the cause of the disability to be traumatic neurosis. The record further shows the economic and social background of the claimant," as well as mental make-up, to be a person susceptible to neurotic manifestations. All physicians who testified in the case were uniform in the opinion the present disability is caused by traumatic neurosis, which in turn was produced by the flare in the electric motor which was near-by.”

An award was rendered the employee at the rate of $6 per week, beginning April 13, 1939, to continue dur[208]*208ing disability and until subsequent conditions should justify a modification, together with allowances for medical and hospital attention.

The findings of fact by the Commission are con-elusive and binding upon us. They are not subject to review in the absence of fraud. Virginia Code 1936, section 1887, subsection 61. Blair v. Buchanan Coal Corp., 171 Va. 102, 198 S. E. 491, and cases cited.

The appellant does not charge fraud. It contends that the evidence does not support a finding that the appellee was suffering from traumatic neurosis. The evidence negatives this contention.

Mrs. Hagood testified that she was in good health prior to March 23, 1939; that when the explosion suddenly occurred ‘£ a blue blaze flared; ’ ’ that, as she saw it, £ £ something"” ran up her arm “like a little needle,” “something” choked her “at the neckline,” and she “commenced falling backwards;” and that she has since greatly suffered from nervous and physical disorders, although she has tried to continue at her work.

Three medical doctors testified. Dr. D. P. Scott, a specialist, carefully examined her on May 29, 1939, and saw her “a good many times’’ thereafter up to February 29, 1940. Dr. E. F. :Neal saw her on March 23, 1939, a half-hour after the accident, and a number of times thereafter up to February 27, 1940. Dr. Q. H. Barney examined her on May 24, 1939. All three agreed that she had traumatic neurosis resulting’ from the shock, and that, on account of her emotional make-up, the accident and shock precipitated a functional disturbance. They said that whether or not the shock had been actually received or fancied was not “ enormously important,” and “did not change the medical picture at all” in her case. They agreed that “anxiety neurosis” gives itself a subjective picture which produces the damage, and that no matter how honest a person may be, the question of compensation is apt to play a part in prolonging and continuing the condition. They thought that [209]*209her disability was not permanent. Another doctor, who examined the appellee on behalf of her employer, did not testify.

The doctors thus, in effect, stated that traumatic neurosis was traceable to the shock or disturbing effect on the nerves of the patient, and that in turn, the irritation of the nerves caused functional disorders, and, that whether the disability resulted from nervous reaction or from auto-suggestion set in motion by memory of the accident, the result was the same to the injured person.

In Wasmuth-Endicott Co. v. Karst (1922), 77 Ind. App. 279, 133 N. E. 609, the court defines the word “injury” as follows:

“In common speech the word ‘injury’ as applied to a personal injury to a human being*, includes whatever lesion or change in any part of the system produces harm, or pain or a lessened facility of the natural use of any bodily activity or capability.”

The Supreme Court of Michigan in Klein v. Len H. Darling Co. (1922), 217 Mich. 485,187 N. W. 400, said:

“An accident happened in which the deceased was an actor, and the shock to him was so acute and so depressed his vital forces as to kill him. We must not overlook man’s nervous system and mental makeup and their intimate relation to his vital forces.
“This man died because his vital forces could not meet and withstand the acute depression occasioned by what he had done in the course of his employment. The injury to him was no less real and fatal in its consequences than a mortal wound. ‘Accidents’ within the comprehension of the Workmen’s Compensation Law, include all accidents actionable at law and all former non-actionable accidents except in case of intentional and wilful misconduct on the part of the employee.”

Although there is a conflict on the question, the majority of the reported cases take the view that there is an accidental or personal injury within the workmen’s compensation acts where an employee, in the course of [210]*210his employment, receives a sudden shock or fright, involving no physical impact, which results in his .disability. 109 A. L. R. (1937) Annotation, page 892.

The appellant further contends that the -Commission erred in holding that the injury of Mrs. Hagood arose out of and in the course of her employment, and that the injury is not one for which compensation should he awarded under our -Compensation Act.

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Bluebook (online)
13 S.E.2d 291, 177 Va. 204, 1941 Va. LEXIS 207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burlington-mills-corp-v-hagood-va-1941.