Head Drilling Co. v. Industrial Accident Commission

ANGELLOTTI, C. J.

This is a proceeding to review an award in favor of one W. H. Scott, for injuries due to accident on February 24, 1916, in the course of and arising out of his employment, against the Head Drilling Company, his employer, and the Georgia Casualty Company, insurer of the employer. It was concluded by the commission that.the disability of Scott continued up to and still existed at the time

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of judgment by the commission, and the award was for $243.12 as the balance due as disability indemnity to September 15, 1916, and for the further sum of $15.56 per week from that date until the termination of the disability or the further order of the commission, not to exceed in all 240 weeks. The award is attacked solely on the ground that any disability beyond the period of fourteen weeks from March 10, 1916, was in fact due to a second accident and injury which did not occur in the course of Scott’s employment, and on account of which the employer is in no way responsible, and that the commission had no jurisdiction to award compensation for the disability in so far as it was caused by the second injury.

On February 24, 1916, Scott, while removing a sprocket from an engine, was struck by a fly-wheel, sustaining a fracture of several ribs and a Pott’s fracture of the left leg. The fracture of the leg was further described in the findings as a spiral fracture, and the evidence disclosed that the fibula was badly comminuted. He was taken to a hospital, where he remained till April 12th, being attended by a doctor who was paid by the insurance company. There appears to be no question as to the very serious nature of the fracture, the difficulty of setting the bones in place and in thereafter holding them in place until a permanent union was effected, and the slowness "of complete recovery. According to some of the evidence, a recovery within four months “would be very good.” After reducing the swelling and removing “several little fragments” of bone, the doctor “tried to get the bone lined up in proper apposition,” and “used kangaroo tendon to support the broken fragments in place,” and put the leg from the toes to just below the knee in a plaster cast. At the end of four or five weeks the cast was split and opened for “massage and manipulation, ’ ’ but still used as a protection, being held by bandages over it. An X-ray taken by the doctor indicated, according to his testimony, that the bones were “in good position. ’ ’ There is some uncertainty in the evidence of the doctor as to the exact date when this X-ray was taken. We assume it was after the cast' was opened, but there is testimony that this was some little time before Scott’s discharge from the hospital. About the twelfth day of April he was discharged from the hospital, the doctor deeming it best that he should begin to use the leg, but still supervising the case.