134 So. 2d 434 | Miss. | 1961
This is an appeal from the judgment of the Circuit Court of Marion County which affirmed a decision of the Workmen’s Compensation Commission.
It was stipulated by and between the parties that the claimant, C. L. Johnson, sustained an accidental injury on June 26, 1956, and that the injury arose out of and in the course of his employment with the Pearl River Sand and Gravel Company; that at the time of the accident he was earning an average weekly wage of $50; and compensation for temporary total • disability and then for permanent partial disability was paid to him by the employer or its insurance carrier, The Travelers Insurance Company, first for a period of 92 weeks and later for a. period of 66 additional weeks, or the total sum of $3,953.57.
There is no contention involved on this appeal as to the payment of benefits of $25 per week, but the sole issue on this appeal is whether or not the rating of the extent of his disability by Dr. Thomas H. Blake, an orthopedic surgeon of Jackson, Mississippi, in the amount of 33-1/3 per cent for the loss of the use of his
Doctor Blake discharged tbe claimant on April 3, 1958, but on another examination made on November 23, 1959, tbe doctor testified that be found tbe function of tbe band and wrist appeared to be satisfactory except that there was no rotation in tbe forearm. Tbe injury seemed to be mainly to one finger and according to tbe testimony of Doctor Blake tbe maximum disability for tbe loss of tbe use of bis entire arm amounted to only from 25 per cent to 33-1/3 per cent.
Under tbe cases of Cole v. Superior Coach Corp., 234 Miss. 287, 106 So. 2d 71; Rathborne, Hair and Ridgeway Box Co. v. Green, 237 Miss. 588, 115 So. 2d 674; Williams Brothers Co. v. McIntosh, 226 Miss. 553, 84 So. 2d 692; Dowdle and Pearson, Inc. v. Hargrove, 222 Miss. 64, 75 So. 2d 277; American Surety Co. v. Cooper, 222 Miss. 429, 76 So. 2d 254; Barry v. Sanders Co., et al., 211 Miss. 656, 52 So. 2d 493; Dillon v. Gasoline Plant Construction Corp., 222 Miss. 10, 75 So. 2d 80; California Eastern Airways v. Neal, 228 Miss. 370, 87 So. 2d 895; Estate of Oatis v. Williamson and Williamson Lumber
If the Commission had decided the issue in favor of the testimony of the claimant instead of in favor of the testimony of Doctor Blake, we would still affirm the judgment of the Commission as the trier of the facts. Some of the cases cited by counsel for the claimant tend to support his contention on the appeal, but in most of those cases the decision by the Commission was in favor of the claimant, instead of against him as in the instant case.
Affirmed.