(DOWNLOAD) "Boswell v. Liberty Mutual Insurance" by Court of Appeals of Georgia " Book PDF Kindle ePub Free
eBook details
- Title: Boswell v. Liberty Mutual Insurance
- Author : Court of Appeals of Georgia
- Release Date : January 08, 1948
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
L. G. Boswell filed a claim with the State Board of Workmen's Compensation for compensation and for medical and hospital expenses due to a hernia and to a subsequent aggravation thereof, both arising out of and in the course of his job as a weaver with Brighton Mills Inc., which carried workmen's compensation insurance with the Liberty Mutual Insurance Company. The claim came on for a hearing before Director Arlie D. Tucker who denied both compensation and medical and hospital expenses. Proceeding regularly, appeal was had to the whole board and subsequently to the Superior Court of Floyd County, Georgia, the award being affirmed on each appeal. The judgment of affirmance in the court below is here excepted to as error. In substance the testimony of the claimant showed the following: that on the 14th or 15th of May, 1946, while lifting a heavy warp, or roll of yarn, into place behind a loom, he suffered pain in the right side above the groin and there was a slight swelling in that locality; that he had never had any symptoms of hernia, nor any idea that he had a hernia, prior to this time; that he reported the fact of this accident to his foreman, Mr. Joe Frick; that this accident was not disabling and that he continued to work without losing time from his job; that on October 7, 1946, while pulling on a warp which had become stuck something pulled loose in his side, and, suffering great pain, he went to the rest room and found that there was a knot about the size of a guinea egg on his right groin; that he reported to Mr. Frick that he was hurt and had to go to see the company doctor; and that the doctor immediately sent him to the hospital to be operated on for a strangulated hernia. On cross-examination the claimant was questioned in regard to an alleged prior inconsistent statement -- that the first accident or hernia occurred some two years previously -- made to an insurance investigator upon his return to work after the operation. The claimant denied having made this statement and the investigator's report was neither authenticated nor offered in evidence. Also on cross-examination Boswell denied that he had gone to see Dr. Dawson, the company physician, in April of 1946, and denied that the physician had found a hernia at that time; but he recalled having gone to see Dr. Dawson in May of that year, complaining of feeling generally run down, and recalled that Dr. Dawson had told him that he had a hernia.