Hyman v. Tyler

Collins, J., delivered the opinion of the Court. Frank G. Hyman, claimant, appellant, employed by Robb Tyler, and who had been so employed for about two months at an average weekly wage of $50, was injured in the back on February 9, 1945, while loading rubbish on a truck, in the course of his employment. ³⁰³ He subsequently filed a claim for compensation with the State Industrial Accident Commission. A hearing was held before that Commission where appellant testified. Dr. H. Alvin Jones examined the appellant at the instance of his attorney, and a report of his examination was offered in evidence before the Commission in which it was estimated that appellant’s permanent disability amounted to about 20%.

The report of Dr. W. A. Darby was also filed with the Commission by the appellees, in which he estimated that the permanent disability did not exceed ten to fifteen per cent. The State Industrial Accident Commission, on October 23, 1945, ordered that Robb Tyler, employer, and Eagle Indemnity Company, insurer, appellees here, pay unto Frank G. Hyman, claimant, appellant here, for permanent partial disability, compensation at the rate of $18 per week, payable weekly, for the period of 35% weeks, not to exceed the sum of $650 under “Other Cases.” From that award and order the appellant appealed to the Superior Court of Baltimore City. Following the decision of this Court in the case of Townsend v. Bethlehem-Fairfield Shipyard, Inc., 186 Md. 406 , 47 A. 2d 365 , the appellees filed a motion to dismiss the appeal, to which motion an answer was filed by the appellant. After a hearing before the Trial Court, the Trial Judge granted appellees’ motion to dismiss appellant’s appeal, affirmed the decision of the Commission, and entered a judgment for the appellees for costs.

The appellant contends here, (1) that the Trial Court erred in refusing to permit the appellant to call Commissioner Simpson, of the State Industrial Accident Commission, to testify as to the method used by her in arriving at the sum of $650, the amount awarded the appellant for permanent partial disability under “Other Cases”; (2) that the Trial Court erred in refusing to permit the appellant to call Dr. H. Alvin Jones to testify as to the nature and extent of appellant’s disability; (3) that the interpretation given by this Court as to the “Other Cases” section, Code Supp. 1943, Art. 101, Sec. 48, in the case of ³⁰⁴ Townsend v. Bethlehem-Fairfield Shipyard, Inc., supra, which decision was applied by the Trial Judge to the instant case, is unconstitutional. (1) In the case of Robert Allen v. Glenn L. Martin Company and Globe Indemnity Company, 188 Md. 290 , 52 A. 2d 605 , No. 100 October Term 1946, filed immediately prior hereto, although we stated that the admissibility of Commissioner Koon’s testimony as to the method used by him in arriving at his decision in that case was not before us, we also stated that in general the question whether the determination of an administrative agency is arbitrary is decided from the determination itself and the record in the case and not from the evidence of the members of the agency how it arrived at its decision. In the instant case this question is before us for decision on an exception to the refusal of the Trial Court to permit the appellant to call Commissioner Simpson for the same purpose. We here hold as we intimated in the case of Robert Allen v. Glenn L. Martin Company et al., supra, that this testimony was not admissible as to the method used by her in arriving at her decision here.

Heaps v. Cobb, 185 Md. 374 , 45 A. 2d 73 ; Chicago, B. & Q. R. R. v.