Employers' Liability Assurance Corp. of London v. Industrial Accident Commission

WOOD, J.

Joseph E. Christian was injured on August 11, 1939, while in the employ of Otis Elevator Co. There is no question but that the injury arose out of and in the course of his employment. Petitioner is the insurance carrier for 1he employer and seeks to annul an award by the commission in favor of the employee.

Christian fell and struck his back and head while hoisting sections of an escalator. The commission found that he suffered “injury to his back and head . . . said injury caused temporary total disability beginning August 11, 1939, to and including January 8, 1940, and continuing indefinitely thereafter ... Petitioner admits some injury to both the back and head of the employee but contends that all of the disability had disappeared as of October 21, 1939, the date on which it stopped payments of disability indemnity to the employee.

The respondent commission concedes that the head injury did not endure later than October 21, 1939, but contends that the back injury continued beyond that date and that the evidence is sufficient to uphold the award. Petitioner presented reports of a number of medical experts holding that the employee was suffering from a mental affliction having no bearing upon his employment and also holding that the disability caused by the injury to the back did not continue beyond the date on which payment ceased. It is contended that there is no substantial conflict in the evidence and that the opinions

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and findings of the experts must be followed by the commission. Dr. C. W. Irish was on January 15, 1940, appointed by the commission as expert medical advisor and he reported: “Tenderness was reported on palpation over the sacro-iliac synchondroses but particularly of the gluteli muscles, entirely bilaterally”. The employee stated that he had not been able to do any work since the time of the accident. He testified: “The reason I am unable to work at this time is because I have pains in the back, and I can’t do any heavy lifting; that is why I can’t work. Q. Have you tried to do any work? A. I haven’t tried to. I changed a tire on my car, and I had a terrible time doing it. ’ ’

The question of the duration of the disability is one of fact to be determined by the commission and if there is substantial evidence to support the finding and order of the commission this court may not substitute its views for those of the commission and annul the award. (Hartford