Wood v. Edenfield Electric Co.

364 S.W.2d 908, 211 Tenn. 295, 1962 Tenn. LEXIS 358
CourtTennessee Supreme Court
DecidedFebruary 7, 1962
StatusPublished
Cited by4 cases

This text of 364 S.W.2d 908 (Wood v. Edenfield Electric Co.) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wood v. Edenfield Electric Co., 364 S.W.2d 908, 211 Tenn. 295, 1962 Tenn. LEXIS 358 (Tenn. 1962).

Opinion

Mr. Justice White

delivered the opinion of the Court.

This is a workmen’s compensation case commenced by E; O. Wood against Edenfield Electric Company, Inc., to collect certain benefits alleged to be due him under the Act.

The Trial Court made an award to the petitioner based upon permanent partial disability of twelve and one-half (12%%) per cent to the body as a whole.

It is admitted that.the petitioner sustained an accidental injury growing out of and in the course of his em[297]*297ployment.- This injury occurred on- November 2, 1959 resulting in a bernia to tbe petitioner. On June 8, 1960 Wood was admitted to tbe hospital and tbe bernia was successfully repaired according to tbe medical proof.

Tbe defendant bas paid all hospital bills and doctor bills incurred by or on behalf of tbe petitioner in tbe repair of the hernia.

From the award made by tbe Trial Court for permanent partial disability tbe Company bas appealed and contends that tbe Court erred:

(1). Because there is no material evidence to support tbe judgment; and

(2). Because it relied upon the sole testimony of tbe petitioner uncorroborated by either lay or medical testimony as to the permanent partial disability awarded him by tbe judgment.

As originally drawn the Act made no express provision that a hernia was compensable. Tbe question, therefore, of when a hernia was caused by an injury making it com-pensable or merely resulted from some inherent physical weakness or disease was always difficult of solution by the Courts. Unless it resulted from some form of accidental trauma arising out of and in tbe course of tbe workman’s employment, he was not entitled to be compensated.

Tbe difficulties in finding tbe truth in such a situation gave rise to tbe enactment of Chapter 90, Acts of 1941. It was tbe purpose and object of this legislation to remove tbe issue as far as possible from tbe field of conjecture and speculation. Matthews v. Hardaway Con-[298]*298trading Co., 179 Tenn. 98, 163 S.W.2d 59. This chapter now appears as T.C.A. sec. 50-1009 and requires that certain proof be presented by an employee before the Court will be justified in granting him an award. The petitioner in this case met all the requirements of the Act, resulting in the award aforesaid.

This is the first case to come before us, however in which there has been an award for any degree of permanent partial disability resulting from hernia which was successfully repaired. A hernia, according to the American Illustrated Medical Dictionary, is “the protrusion of a loop or knuckle of an organ or tissue through an abnormal opening or the protrusion of some internal structure through the abdominal wall”.

One of the doctors testifying in this case said that the “hernia consists of a protrusion of a portion of the contents which are within the abdomen * * * out through a weak spot which was either present or was acquired. ’ ’

Ambrose M. Langa, M.D., repaired the hernia which he described as a large inguinal hernia on the right. This operation took place on June 18,1960, and the petitioner remained under medical care until September 20, 1960 when Dr. Langa saw him for the last time. When asked the result of the operation, Dr. Langa said: “I thought he had received an excellent result of his hernia operation, it means that the hernia was gone * *

In reply to the question as to whether or not there is any resulting disability from a hernia which has been successfully repaired the doctor stated: “Generally there is no such thing, if a man is operated on and he will recover or has a good repair of his hernia in general there [299]*299is no disability at all. ’ ’ He also said that at one time he evaluated the permanent partial disability of the petitioner at three (3%) per cent of the body as a whole, but he had given the matter further consideration and he could think of no job that the petitioner could not do as well after the operation as he could have before. He said “as far as the hernia is concerned I believe that he would be able to do whatever he did before, sir. I believe there will not be any permanent disability as the result of the hernia operation.”

On cross-examination he did say that the petitioner might suffer some pain and discomfort at the site of the scar on exercising or straining or lifting, and there could be some limit to the things that he could do because of the discomfort.

Dr. T. K. Young examined the petitioner on the 15th day of May, 1961, which was eleven months after the date of the operation and about eight months subsequent to the date upon which Dr. Langa last examined the petitioner.

Dr. Young stated that his examination revealed that the hernia repair was satisfactory. He also said that Mr. Wood was suffering with muscle weakness and tremor, but this was not caused by or related to the hernia or the operation for the repair thereof. His final opinion was: “There were complaints referable to pain and discomfort * * * I thought the repair was good and adequate and I would personally think that the surgery itself or the hernia would not eause any disability since the repair was firm.”

On cross-examination he said: “Well its firm and completely repaired, there is no hernia there any more.”

[300]*300We do-not think the Court would have been justified in making an award to the petitioner based upon the medical testimony. We next consider the testimony of the petitioner supported, in a slight degree only, by other lay witnesses about the degree or extent of permanent disability.

Wood said that he was sixty-six years of age at the time of his injury and sixty-eight at the date of the trial. Prior to the accident he was doing the heavy work in his employment and that he had been engaged in this type of work since he was nineteen years of age. He was asked:

“Q. Since you had this rupture on November 2nd will you tell the Court the difference, of any, if there has been any difference in the work that you have been able to do before that and since then?
“A. Why Tes, I can. I’m just not able to do any hard work at all since this operation. I can do a little light work, such as that, but whenever it comes to anything that is heavy, a lot of walking to do or anything like that I absolutely can’t do it.
“Q. Do you have any pain associated with extreme exercise or heavy work?
“A. I do.
“Q. Where is that pain?
In my groin, down here in the operation. (Indicating by placing hand on person.) i>
In that same place where yon were operated on? <D
That, is correct.
[301]*301“Q. Now did yon ever have that trouble before this .. . . Mr. Wood, before this November 2, 1959?
“A. No, sir, never had no trouble there.”

The petitioner was then asked whether or not he was able to do any of the heavy work that he had done before he suffered the hernia, and his reply was: “No, sir, I just can’t do it.” He was then asked:

“Q. Now Mr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Long, Anthony v. Hamilton-Ryker
2015 TN WC 73 (Tennessee Court of Workers' Comp. Claims, 2015)
Capps v. Goodlark Medical Center, Inc.
804 S.W.2d 887 (Tennessee Supreme Court, 1991)
Cook v. Great West Casualty Co.
779 S.W.2d 365 (Tennessee Supreme Court, 1989)
Corrier v. Industrial Commission
411 P.2d 462 (Court of Appeals of Arizona, 1966)

Cite This Page — Counsel Stack

Bluebook (online)
364 S.W.2d 908, 211 Tenn. 295, 1962 Tenn. LEXIS 358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-edenfield-electric-co-tenn-1962.