Wilson v. Wyatt Lbr. Co.

6 La. App. 759, 1927 La. App. LEXIS 244
CourtLouisiana Court of Appeal
DecidedJune 28, 1927
DocketNo. 2908
StatusPublished

This text of 6 La. App. 759 (Wilson v. Wyatt Lbr. Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilson v. Wyatt Lbr. Co., 6 La. App. 759, 1927 La. App. LEXIS 244 (La. Ct. App. 1927).

Opinion

REYNOLDS, J.

This is a suit under the Workmen’s Compensation Law (Act 20 of 1914 and amendments, including Act 216 of 1924).

Plaintiff seeks to recover compensation of $9.75 a week for three hundred weeks, beginning August 24, 1924, with legal interest on each installment from its maturity until paid, less compensation already paid him up to November 15, 1925.

He alleges that on August 24, 1925, while performing services arising out of and in the course of his employment by defendant he accidentally fell across a rail on a skidway and so bruised and injured his back as to totally disable him to do. work of any reasonable character.

He alleges that he was earning $2.50 a day and that he is entitled to recover 65% of this amount during his disability not exceeding three hundred weeks.

Defendant denied liability, alleged that it had paid plaintiff compensation at the rate of $9.75 a week from the date of his injury to December 6, 1925, amounting, in all, to $146.25, and that on that date he had fully recovered from his injury and for that reason it ceased then to pay him compensation.

On these issues the case was tried and there was judgment rejecting plaintiff’s demands and dismissing his suit, and he has appealed.

[760]*760OPINION

The only question for decision in this case is one of fact, namely: whether at the time defendant ceased to pay plaintiff compensation the latter had fully recovered from his injury and was again able to do work of a reasonable character.

Plaintiff testified (pages 3-18):

“Q. What is your condition now, with reference to your back, is it so that you can bend it about?
“A. No, sir; I can’t do any work that is any strain on it or pull on my back.
“Q. Can’t pick cotton?
“A. For one or two hours at a time, but not much.
¥ $ * *
“Q. Did you pull corn?
“A. Yes, sir.
“Q. Did you hoe?
“A. Yes, sir.
“Q. You say you never did go back to work for the Wyatt Lumber Company?
“A. No, sir.
“Q. Did you ask them for work?
“A. No, sir; I wasn’t able to go back to work.
“Q. You did not turn a somersault?
“A. I fell off the log; the cant hook slipped off and I fell.
“Q. And you fell back?
“A. Yes, sir.
“Q. Well, what was the first pain?
“A. In my back.
“Q. What part?
“A. Small of my back.
“Q. What did you do the next day?
“A. Tried to work at the mill.
“Q. Did you work?
“A. A little.
“Q. How long did you stay there?
“A. Until quitting time; five o’clock.
‘Q. And during that time you worked as much as you could?
“A. Yes, sir.
* * * *
“Q. And during that time you worked and had an x-ray made?
“A. Yes, sir.
* * * *
“Q. After that injury did you pass some blood?
“A. Yes, sir.
“Q. How long?
“A. About seven or eight days.
“Q. You say your urine was bloody?
“A. Not all blood, but blood stains through it.
“Q. When did that occur?
“A. After I got the injury, for about seven or eight days.
“Q. Haven’t you had any of that since seven or eight days after the injury?
“A. No.
* * * *
“Q. Did the doctor at Shreveport ex-
amine it?
“A. Yes, sir.
“Q. Do you know what his report on that was?
“A. No, sir.
“Q. Isn’t it a fact that when he examined you on October 21, 1925, he found it all right? Wasn’t it all right?
“A. I suppose it was.”
As against this testimony of the plaintiff Doctor J. E. Johnson testified
(page 21):
“Q. Did you examine his back?
“A. Yes, sir.
“Q. What did you find?
“A. Might have been slightly swollen and no discolor on It.
“Q. No bruises or discoloration?
“A. Not that I could find.
“Q. When was it that you sent him to the sanitarium where Doctor Younger was?
“A. A week or two after the 24th.
“Q. Did Doctor Younger examine his urine?
“A. Yes, sir.
“Q. What did he find?
[761]*761“A. Found it normal.
“Q. Any blood or trace of blood?
“A. No, sir.
“Q. Did Doctor Younger make the examination and make an x-ray at that time?
“A. Yes, sir.
“Q. You got the picture that day. Did it show any internal injury?
“A. I didn’t see anything at all.
“Q. You saw the urine and it was normal?
“A. Yes, sir.
•“Q. It must have been some time in
September then?
“A. Last of August or first of September.
“Q. You were present when he was examined today?
“A. Yes, sir.
“Q. You find anything the matter with him?
“A. No, sir.
“Q. In your opinion of the examination of this plaintiff, did you see anything to cause him to complain?
“A. No.
“Q. Do you believe he had pain?
“A. Just feigning.
“Q. You examined him 'and you think he feigned to pain?
“A. Yes, sir.
“Q.

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6 La. App. 759, 1927 La. App. LEXIS 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-wyatt-lbr-co-lactapp-1927.