McBride v. Wetmore & Parman, Inc.

133 So. 2d 261, 241 Miss. 743, 1961 Miss. LEXIS 395
CourtMississippi Supreme Court
DecidedOctober 2, 1961
DocketNo. 41936
StatusPublished
Cited by5 cases

This text of 133 So. 2d 261 (McBride v. Wetmore & Parman, Inc.) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McBride v. Wetmore & Parman, Inc., 133 So. 2d 261, 241 Miss. 743, 1961 Miss. LEXIS 395 (Mich. 1961).

Opinion

Kyle, J.

This case is before us on appeal by Arthur Y. McBride, claimant, from a judgment of the Circuit Court of Hinds County affirming an order of the Workmen’s Compensation Commission awarding compensation to the claimant as an employee of the appellant, Wetmore & Parman, Inc., et al. for a hernia injury sustained by the appellant on March 20, 1957, and denying the appellant’s claim for additional compensation for permanent disability caused by an alleged heart attack suffered as a result of a hernia operation.

The record in the case shows that the appellant suffered a hernia injury on March 20, 1957, while engaged in the performance of his duties as a carpenter foreman for Wetmore & Parman, Inc., in the City of Jackson; that the appellant quit work about an hour later and went to see a doctor, who fitted him with a truss; and that he continued to work thereafter on the job until it was completed on November 8, 1957. The appellant was then advised by his physician that a hernia operation was necessary and on April 4, 1958, he was examined by Dr. John D. Dyer and Dr. R. H. Roberts at the Houston Hospital, in Houston, Mississippi, and underwent surgery. He was discharged from the hospital on April 13, and was advised to “take it easy” and “not stir around too much.” He returned to the hospital on April 19 and had the stitches removed. On April 28, while recuperating at his home the appellant developed a rapid beating of the heart and pains in his chest; and on May 4 he returned to the hospital where he was again examined by [749]*749Dr. Dyer and Dr. Roberts. An electrocardiogram was taken, and in tbe opinion of the doctors the cardiogram indicated that the appellant had suffered a coronary occlusion or a myocardial infarction. The appellant was examined and treated by several doctors during the next succeeding several months. His condition improved and on October 31, 1958, he went back to work as an architectural inspector for Thomas A. Jones and Associates at Starkville, Mississippi. .His work as an architectural inspector did not require manual labor. He was still engaged in that work at the time of the hearing before the attorney-referee on August 31, 1959, and was being paid $75 per week for his services.

The appellant testified that he was 56 years of age and a graduate of Mississippi State College; that he was a licensed teacher and had been engaged in teaching for a period of many years prior to 1946. He stated that he had suffered periodically from a fast heart beat since 1946, and that he had been advised by a heart specialist to change his occupation from that of school teaching. He obtained employment thereafter as a carpenter and as a carpenter foreman, and at the time of his hernia attack his weekly wages amounted to $112.

Four doctors testified during the hearing before the attorney-referee and gave opinion evidence as to whether there was a causal relation between the appellant’s hernia operation and the heart ailment and chest pains which developed on April 28, 1958. Dr. Dyer and Dr. Roberts testified that the electrocardiogram made prior to the surgery on April 4, 1958, showed heart action within normal limits; that the cardiograms made on May 5 and May 13 indicated a myocardial infarction resulting from coronary thrombosis; and that in their opinion there was a causal connection between the surgical operation of April 4 and the heart attack which occurred approximately four weeks later.

Dr. Tom E. Benefield, Jr., testified that he had examined the appellant during the late fall or early winter of [750]*7501957, and had found the appellant suffering at that time with tachycardia or rapid heart beat; that he had examined the appellant again a short time after his operation for hernia, and that he had found at that time that the appellant was still suffering from a rapid heart beat and showed great nervous tension. He had clinical evidence of mild heart failure and was put on digitalis. In a written report, dated October 25, 1958, which appears in the record, Dr. Benefield stated: “As to whether his heart condition is in any way connected with the herniotomy, it is impossible for any physician to state that it is not connected with the herniotomy.” The doctor stated that the appellant, however, was well along the way recuperating from the hernia surgery when the heart attack occurred; that usually such attack would have occurred immediately before, during or immediately after the surgery; that it did occur, however, during the recuperative phase of the appellant’s recovery from the hernia operation; and that it was impossible to separate one from the other completely.

Dr. Kendall D. Gregory, testifying as an expert witness on behalf of the employer and its insurance carrier, stated that he had never examined the claimant, but he had made a study of the electrocardiograms taken by Dr. Roberts of the Houston Hospital, and by Dr. Benefield; that he had read the medical reports and typewritten statements of Dr. Dyer and Dr. Roberts, and that, in his opinion, based upon all the evidence, the claimant had not at any time suffered an infarction; that the electrocardiograms taken prior to the surgery showed a normal heart except for the effects of his tachycardia; that the changes following the surgery and the claimant’s taking digitalis showed a clear picture of the effect of the drug digitalis but no evidence of an infarction; and that in his opinion there was no causal relation between the onset of April 28, 1958, and the surgical operation performed approximately four weeks prior thereto.

[751]*751The record shows, and the attorney-referee found, that the employer and its insurance carrier had assumed responsibility under the act for the hernia injury of March 20, 1957, and had paid to the claimant compensation at the rate of $25 per week for 24 weeks and two days, together with hospital expenses.

The attorney-referee was of the opinion that the Workmen’s Compensation Act itself defined the benefits to which an injured workman was entitled as the result of a hernia injury arising out of and in the course of his employment, and that the last paragraph of Code Section 6998-12 contained the only exception in the act that would increase the benefits payable under the act in a hernia case over and above the 26 weeks provided for in the act and the hospitalization allowance of $250. The attorney-referee therefore entered an order directing the defendants to pay to the claimant benefits under the hernia section of the act at the rate of $25 per week for a period of 26 weeks, and directing the defendants to pay proper and necessary hospital and medical expenses incurred as a result of the hernia, but not in excess of $250 as provided by the statute, proper credit being given the defendants for the compensation and medical expenses already paid. The attorney-referee then ordered that the claim for additional benefits against the defendants for the heart condition, or any other condition other than the hernia, be denied.

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Cite This Page — Counsel Stack

Bluebook (online)
133 So. 2d 261, 241 Miss. 743, 1961 Miss. LEXIS 395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcbride-v-wetmore-parman-inc-miss-1961.