53 Ga. App. 500 | Ga. Ct. App. | 1936
On November 11, 1930, George Ware, while in the employment of Swift & Company, was injured. According to the report of the attending physician, the injury was a “fracture of the right clavical at junction of middle and outer third, contusion of head, right shoulder, and both hips. . . Likely to be able to resume his former work in three or four weeks.” An agreement for the payment of temporary total disability was entered into between the employer and employee on December 15, 1930, and this agreement was approved by the Department of Industrial Delations December 30. On March 16, 1931, the claimant notified the Department of Industrial Delations that he and his employee had been unable to agree as to his recovery. At this hearing, on April 1, 1931, Dr. Cochran testified that when he first saw the claimant he was at his home in bed and made no effort to use his right arm and leg. He had him placed in a hospital and by “suggestion and massage” in 5 days time he was moving his right arm and walking, and showed great improvement without any treatment but suggestion; that because of this result the witness felt that the claimant had no “organic pressure on his brain causing the paralysis, and I felt it was a functional neurosis:
In the act setting forth and creating the Department of Industrial Relations and the workmen's compensation law it is plainly provided that findings of the industrial commission upon questions of fact are conclusive where they are supported by any evidence, and can not be reviewed in an appellate court. There was evidence before the commission at the hearing in December, 1931, that the claimant had recovered from the effect of the original injury and the injury with which he was suffering.at the time -was from the effects of a “ compensatory neurosis,” and for that reason compensation was denied. It will be borne in mind that the only compensation that had theretofore been awarded was for “total temporary disability.” If as testified to by the doctors there had been a recovery from this hysterical paralysis which was induced by the original injury and the relapse was a form of malingering and was a result of “ compensatory neurosis,” as defined by the evidence, then in that event the injury then existing was not a- disability that arose out of and in the course of claimant’s employment. The evidence at the hearing in December, 1933, supported a finding that the injury and the cause thereof were no different from that found
Judgment reversed.