Dayton v. Davis

Bruñe, C. J., delivered the opinion of the Court. An employer, Dayton, and his insurance carrier, appeal from a judgment in favor of the claimant-appellee, Davis, entered in accordance with the findings of a jury, which affirmed an award under the Workmen’s Compensation Act. The appellants’ motions for a new trial and for judgment n.o.v. were denied by the trial court; and the only question presented on this appeal is whether or not there was legally sufficient evidence to support the jury’s finding that the claimant had sustained an accidental injury on March 5, 1957. The appellants make two contentions.

The first is that without the claimant’s own testimony, there is no evidence to support the finding, and that his testimony as to how the accident occurred should be rejected because of inconsistencies with prior statements made by him. Their second contention is that if his testimony as to how the injury occurred were accepted as true, the injury was not accidental within the meaning of our Workmen’s Compensation Act. On March 5, 1957, the claimant was employed by Dayton as an automobile body repairman at a shop in McCoole, Maryland. He testified that he was engaged that afternoon in one of his customary duties of carrying buckets of coal into the shop to fire the furnace; that upon reaching the rear door of the building, which opened inward, he set the buckets on the ground, and that as he shoved the door open and pro ⁶¹⁷ ceeded to step down approximately 18 inches to the floor of the shop, that the wind blew the door back in his face, that he threw his arm up to keep it from hitting him in the face and that he felt a catch in his back.

The blowing shut of this door was not an uncommon occurrence when doors at the other end of the shop were open. The claimant testified that when the wind was blowing through, he usually held the back door open with one hand, but that he gave the matter no thought on this occasion. Although the claimant said that his back continued to pain him somewhat that afternoon, he did not mention the door incident either to his fellow employees or to his employer; and he continued working until the end of the day. The pain made it difficult for him to sleep that night, but he reported for work the following day as usual.

On the afternoon of that day (March 6th), as he bent over to lay a welding torch on the ground, he again felt a “catch” in his back, though this time the pain was more severe than that which had struck him the previous day. lie ceased work for a few seconds until the pain subsided and then continued working. On the following morning he resumed work, but again felt severe pain in his back. As the pain continued, he reported it to his employer, and then went home to rest for a short while and later went to see a doctor. On March 8, 1957, he entered Martinsburg Veterans Hospital, where it was determined that he had suffered a ruptured disc.

In support of their contention that the claimant’s testimony as to the incidents which he said took place on the morning of March 5, 1957, was clearly false and unworthy of belief, the appellants rely