PEARL RIVER TUNG CO., v. REYER

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Docket Number

No. 39769.

Attorney(S)

H.H. Parker, Poplarville, for appellants. I. There was no proof in the record to support the findings made by the Hearing Officer; in fact, the undisputed proof contradicts the findings made by the Hearing Officer in this cause. Holmes v. Holmes, 154 Miss. 713, 123 So. 865; J. B. Mfg. Co. v. Cochran, 216 Miss. 336, 62 So.2d 378; Reyer v. Pearl River Tung Co., 219 Miss. 211, 68 So.2d 442; 32 C.J.S., Evidence, Sec. 1038. William H. Stewart, Poplarville, for appellee. I. The findings of the Attorney-Referee, the full Commission, and the Circuit Court when based upon substantial testimony are final and will not be disturbed by this Court. Barry v. Sanders Co., 211 Miss. 656, 52 So.2d 493; Deemer Lumber Co. v. Hamilton, 211 Miss. 673, 52 So.2d 634; Fischer v. Gloster Lbr. Builders Supply Co. (Miss.), 57 So.2d 871; Lucedale Veneer Co. v. Rogers, 211 Miss. 613, 48 So.2d 148, 53 So.2d 69; Sones v. Southern Lumber Co., 215 Miss. 148, 60 So.2d 582; T.H. Mastin Co. v. Mangum, 215 Miss. 454, 61 So.2d 298; Sec. 6998-26, Code 1942.

Judges

HALL, J.

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PEARL RIVER TUNG CO., et al. v. REYER

1. Workmen's compensation — evidence — supported award — permanent partial disability.

Evidence that as result of compensable injury claimant was still unable to do the work that she formerly did and that her former earning capacity had been reduced materially was sufficient to support award of compensation at rate of $4.87 per week for permanent partial disability during specified period, and cause was remanded to Commission for determination as to further compensation, if any, that may become due.

Headnote as approved by Hall, J.

HALL, J.

This is the second appearance of this case in this Court. On December 7, 1953, we entered judgment in favor of appellee for compensation payments at the rate of $10.00 per week from January 24, 1950, to July 25, 1951, and remanded the case to the Workmens' Compensation Commission for determination as to her disability thereafter. Reyer v. Pearl River Tung Company, et al., 219 Miss. 211, 68 So.2d 442. A hearing was had after remand and the attorney-referee found on August 6, 1954, that the claimant reached her maximum degree of recovery on July 25, 1951, and thereafter has been permanently partially disabled, and the awarded compensation at the rate of $4.87 per week between the two dates last named. From that award the employer and its insurance carrier appealed to the full commission which affirmed the award of the attorney-referee, and it was likewise affirmed on appeal to the circuit court. Hence the appeal here.

(Hn 1) The sole contention of appellants is that the evidence is insufficient to support the award. We do not think so. The hearing officer was justified in finding that the claimant is still suffering as a result of her injury and that, while her condition has improved since the first hearing, she is still unable to do the work that she formerly did, and her former earning capacity has been reduced materially. Consequently the judgment of the lower court will be affirmed and the cause remanded to the commission for determination as to any compensation which may become due from and after August 6, 1954.

Affirmed and remanded.

Roberds, P.J., and Holmes, Arrington and Ethridge, JJ., Concur.

PEARL RIVER TUNG CO., et al. v. REYER

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