Harrison v. McCarty

Sloan, J., delivered the opinion of the Court. The claimant, George McCarty, was, on September 24th, 1937, an assistant construction foreman in the employ of William K. Harrison, Jr., who was insured in the State Accident Fund. On that day, in the course of his employment, he fell from a scaffold, his right arm was broken and he was taken by his employer to the office of Dr. William Palmer, thence to the Easton Hospital, and put in charge of Dr. William T. Hammond, who X-rayed his arm and placed it in a cast. The next day he went to the office of Dr. Palmer, where his employer was present, and a report of some kind filled.

His right arm was disabled; he could not write and did not sign anything, and nothing was presented for his signature. Whatever was written up was done by Dr. Palmer’s secretary, the doctor being absent. Mr. Harrison told him “everything was fixed up as far as his part was concerned.” When taken to the hospital he was told by the employer to do what Dr. Hammond would tell him. “I told him to carry out the doctor’s orders.” Dr. Hammond testified that he had examined the claimant several times after the cast was removed and found he was unable to straighten his arm. “I told him it would be a long drawn out process. If it did not get straight it might take a year for the deposits to ab ³⁷⁹ sorb. * * * I told him it would be at least a year before we could tell the extent of the permanent disability.” After treatment by Drs.

Palmer and Hammond he did nothing for a year, when he was taken by Dr. Palmer to Dr. Robert W. Johnson of Baltimore for examination, who reported to the Accident Commission that there would “possibly” be a permanent defect, “slight limitation of elbow, incomplete extension.” Dr. Hammond testified before the Commission that the extent of disability would be “about 25%.” The claimant has testified that he thought his claim was made up in Dr. Palmer’s office by his secretary. Mr. Harrison testified, “I told him that a report would be made by me, which we do in all accidents.” “I meant my report, that was my job to do that,” and it was done the day after the accident. In the meantime he bided his time for a year, when he had his arm examined by Drs. Palmer, Hammond, and Johnson, to ascertain the extent of his injuries, after which, on inquiry by one of his attorneys, whom he had recently consulted, he learned that his claim had never been filed.

A claim was after-wards filed March 8th, 1939, and heard by the Commission June 14th, 1939, and an order passed by the Commission July 25th, 1939, disallowing it because “the claimant failed to file claim within the time required by law, and on the fourth issue finds that the claim is barred by limitations.” An appeal was taken, and on a hearing before the Circuit Court for Talbot County, sitting as a jury, the order of the Commission was reversed and the case remanded for further proceedings. There was no dispute that the injury arose out of and in the course of claimant’s employment, and the only issues