145 So. 2d 161 | Miss. | 1962
The deceased employee in this workmen’s compensation case, George Christian, was of the age of 48 years and was employed by the Itawamba Manufacturing.Company as amachine operator. On Thursday, July
The dependents of this deceased employee applied for workmen’s compensation, but their claim was denied by the attorney referee and then on appeal the same was again denied by the full commission by a unanimous vote. Thereupon an appeal was taken to the Circuit Court of Itawamba County where the circuit judge reversed the decision of the commission and allowed the claim. From that judgment of the circuit court, the Itawamba Manufacturing Company, as employer, and the United States Fidelity and Guaranty Company, as its insurance carrier, have prosecuted this appeal.
The theory of liability advanced by the appellees was that where an employee is found dead on the job there is a presumption of a causal connection between his work and his death, in the absence of an explanation as to why there was no causal connection between his work and his death.
We have repeatedly held that the Workmen’s Compensation Commission is the trier of the facts and that if its finding is supported by substantial evidence the same will not be disturbed.
In this case there were two doctors who testified and there is no substantial disagreement in their testimony when considered as a whole. Dr. W. J. Daniel testified first that there was no causal relation between the work
After a careful study and consideration of all of the facts disclosed by the record in this case, we are of the opinion that we would not be- justified in reversing the decision of the trier of facts and substituting our judgment in its stead. The judgment of the circuit court must therefore be reversed and a judgment rendered here in accordance with the decision of the Commission which affirmed the denial of liability as made by the attorney referee.
Reversed and judgment here for appellants.