The trial court did not err in affirming the findings of fact and award of the State Board of Workmen's Compensation. Robert L. Baker, Jr., filed a claim before the State Board of Workmen's Compensation because of an injury allegedly sustained while in the employ of Pope-Trotter Tractor Company. The case came on for hearing before a deputy director, who denied compensation. On appeal to the full board, the award of the deputy director was sustained. The claimant appealed to the Superior Court of Troup County, where the State Board of Workmen's Compensation was upheld in the premises. It is on this judgment that the case is before this court for revIew. We can best facilitate the matter of presenting the facts by quoting the findings of facts and award of the deputy director, which reads as follows: "It was stipulated that Robert L. Baker, Jr., was in the general employment of Pope-Trotter Tractor Company on December 7, 1953, at an average weekly wage of $60; that Mr. Baker was paid compensation for two weeks under an agreement of the parties which was approved by the board by an award dated February 24, 1954. The claimant has been paid the sum of $48 compensation at the rate of $24 a week. "Employee contends that he was injured on December 7, 1953, while assembling disk harrows and moving disk gangs, he injured his back. "Dr. Everett E. Jones, testified in substance as follows: He is an osteopath and saw Mr. Baker for the first time on December 9, 1953, who complained of pain in the small of his back; he was bent to one side and his chief complaint was pain and swelling in the lower back; he said that two days before that he was pulling a harrow into the shop and hurt his back; there was swelling in the lower lumbar area and was very painful; his muscles were swollen. He made X-rays of the anterior posterior of the pelvis; he had a strained sacroiliac lesion. From the symptoms and amount of swelling the strain was of recent origin. The last time he treated Mr. Baker was on March 23, 1954; he treated him several times during that period. At the time he first saw claimant he wasn't able to work, or he shouldn't have been working; when he last saw him, on the 23rd of March, 1954, his condition wasn't too much different except the sacroiliac condition had been corrected. "During his treatment of Mr. Baker he noticed that one of his legs was slightly smaller than the other; the back injury in question wouldn't have caused that unless it was of long duration. "When Mr. Baker came to him he stated that he had been to Dr. Grace who suggested that he see a Dr. Walker in Atlanta but instead of going to Atlanta he came to see him on the 9th of December, 1953. After he treated him and the sacroiliac cleared up and his back condition wasn't corrected he told him he had a disc involvement; he told him from the beginning that if he had a disc involvement he couldn't help him. "He thinks that Mr. Baker has a disc involvement and that he is not ever going to do the type of work he once had done and the only reason he is getting along as well as he is now is because he put a brace on him; if he does have a disc involvement he won't improve unless he has an operation. "Due to the fact patient had to go to bed for two weeks, after his treatments it is his opinion that you don't have a recurrence from a sacroiliac lesion, you have that from disc involvement. "Whenever you have a disc involvement and the disc rotates it produces pressure--very painful, and sometimes it moves back by itself, and when it does move back and the disc isn't cracked completely, then the pain subsides without your doing anything to it. If a man has a disc involvement his degree of pain and suffering changes from time to time. He does not think that Mr. Baker's condition was due to an old injury. "Dr. J. W. Chambers testified in substance as follows: The only personal record he has on Mr. Baker is the initial record made in September, 1951, and one visit in October of 1951; his complaint was pain in the right hip and a low grade fever. Reading from his records--'On obtaining the history at the time he was first seen he stated he had his last attack of discomfort approximately one month previously with pain in the back and in the right hip; pain has continued mostly in the hip; exercise seems to loosen the joints up but he tires very easily; he stated that he first had trouble while in the infantry in service in 1943, and has had periodic attention since that time . . . The past history, he denies having ever had any serious illnesses . . . First had trouble with his back while in the infantry in service in 1943 . . . tenderness over the right lumbar region and over the right sacroiliac joint. He had X-rays made and reading from his report, . . . no evidence of disease of the lumbar spine or sacroiliac joint; the first sacral segment is transitional type vertebra; hip joints appear normal. "Mr. Baker returned to him on the second day of October, 1951; was given prescription for a salicylate preparation to take as needed for back strain. From then on the records are of Holder Clinic . . . He was next in the office February, 1953, and he had no complaint insofar as his back was concerned. The next time he saw him--that he was in the clinic was July 26, 1954, at which time he complained of lumbar backache for three years with radiation to his right foot--aggravated by coughing. The next time, undated, he saw Dr. Fincher in Atlanta at the request of the insurance company . . . The records show that he saw Dr. Fincher in April, 1954. "Dr. Fincher noted that patient states he is getting worse and was advised to enter Emory University Hospital. Examination shows tenderness over the entire spinous ligament at the level of lumbar one and two. "On July 27th, 1954, he suggested that patient have a lumbar puncture done which was not significant of any abnormality. He was seen again on the 3rd of August, 1954, complaining of nervousness with severe backache; examination showed only an unusual tender prostate with some evidence of fluid and he was given a prescription for prostatic infection. "From the report of September 27, 1951, there was no disc condition mentioned; congenital abnormality in the first sacral segment; hip joints normal; from the X-ray picture there was no apparent injury to the spine or bone structure except this congenital abnormality. There was no question of an injury when he saw Mr. Baker in September, 1951. "His visit on the 2nd of February, 1953, was for a stomach trouble; he made no complaint of any back injury on his visits of October 2nd, 1951, Feb. 2nd, 1953, to July 26, 1954. "Robert L. Baker, testified in substance as follows: He went to work for Pope-Trotter Tractor Company in September, 1951, and was working for them on December 7, 1953, some two years later at which time he sustained an accidental injury. On the morning of the 7th he was working inside the shop when a highway truck brought a mule-drawn harrow and delivered it on the outside of the shop, at his request; he told him that he would pull it in when he got ready to work on it; about nine o'clock he went out and pulled the harrow, the gangs of which were disassembled and started to dragging them in; he drug the harrow in and felt a sharp pain in his back and he went ahead putting the harrow together in a bending position, and when he got ready to straighten up he couldn't. At lunch time, instead of going to lunch he went to Dr. Grace's office. The pain got worse from about nine o'clock in the morning to lunch time; he was not able to return to work. During the two years he had been working for the Pope-Trotter Tractor Company he had been doing heavy mechanical work, up until December 7, 1953, and had on many occasions done similar heavy lifting or straining and had never had any trouble with his back; he had never been out from work on account of any trouble of any kind with his back. He did not go back to work for two weeks. When he went to see Dr. Grace on that afternoon he gave the history of his accident to Dr. Grace, who told him to stand up and drop his pants; he looked at him and said there was nothing he could do and sent him to Dr. Exum Walker. He did nothing for him before sending him to Dr. Walker. "In talking with Dr. Grace he told him he had had a back strain while in the Army, which required no loss of time and he hadn't had any trouble until he strained it while working for Haber Motors, and he didn't lose any time then--the strain didn't last more than a day each time--that was in 1951. He did not report any injury to the company. "After December 28, 1953, when he returned to work, he continued to work without losing any time, until about September, 1954--He signed a final settlement receipt on February 24, 1954, and after that he got worse--got to where he couldn't stand on his feet; at the time he signed he was able to stand on his feet and work in the parts department, and Mr. Pope was paying him straight salary until he couldn't stand and would have to sit down and eventually he had to stay off then for three weeks, lost three weeks time. He stayed in bed two or three weeks while under treatment of Dr. Fackler at Clark Holder Clinic; at that time he had to sleep on a hard bed and wore a brace. His condition has been worse than it is now but he is worse now than when he signed that settlement receipt. "He reported the accident to Mr. Pope on the day afterwards and that Dr. Grace wanted to send him to Atlanta but he didn't want to go so Mr. Pope referred him to Dr. Jones and made an appointment for him. He didn't work for two weeks. He first refused to see any doctor that the insurance company asked him to but then agreed. He went to see Dr. Fincher and then to Dr. Gish and Dr. Gish told him he would have to be in the hospital for approximately three or four weeks for a myelogram test and to go home and he would call him when arrangements were made. He waited more than ten days and was confined to the bed and when Dr. Gish called him he was unable to go, and then when he was able to go he went to Dr. Fackler. He later called Dr. Wilson and went for a myelogram and that is when Dr. Gish found the disc trouble that was in September, 1954. Dr. Fincher did the examination. "Frank Pope, testified in substance as follows: He is a member of the Pope-Trotter Tractor Company or was before the company was liquidated. His payroll records show that Mr. Baker was out of work, while an employee of this company, from December 7, until December 28, and on December 7th was the day he told him to go home; he was out the first week in August and again on the third week; then he was out for about a week and a half along about September 24th to October 8th; he dropped out along about November 19th but came back on December 3rd and helped him pack up the parts--the last date he worked was on December 10th; he was out from November 19th until the last part of November. After Dr. Jones told Mr. Baker to quit lifting he gave Mr. Baker a job in the parts department--a part-time job, at his regular full-time pay and told him to use his own judgment. He told him along in the summer when business was slack that if he was going to need any time off to go to the hospital to take it and draw compensation as he couldn't afford to pay it any more; sometime in August he loaned him some money and again in October. Mr. Baker went to work for him a few days after the first of October, 1951, as a mechanic and worked up until December 7th, rather the 28th, 1953. After December 7, he told Mr. Baker to do what he could in helping the mechanics and he worked on the lawn mowers. During the time from the time he began working for him up until December 7, 1953, he never complained of anything and appeared to be an able-bodied physical man, until after the final settlement receipt was signed about February 24, 1954. "After that date he saw Mr. Baker sitting down crying and on learning his back was hurting he sent Mr. Baker home. He complained of his back all the time, seemed depressed about it. He had kept Mr. Baker on the job because he had known him for a long time and his personal relationship with him. If he was still in business he would not hire Mr. Baker as a mechanic or a parts man on the basis of qualifications but if he had continued in his business and Mr. Baker had continued working he would have kept him on because of personal relationship. "Findings of fact: From the stipulations made and the evidence presented at the hearing, I find as a matter of fact that on or about December 7, 1953, Robert L. Baker, Jr., was employed by Pope-Trotter Tractor Company at an average weekly wage of $60, and that on or about said date the claimant suffered an accidental injury which arose out of and in the course of his employment. While moving a tractor harrow he strained his back. That as a result of said injury he was away from work until December 28, 1953, and was paid compensation at the rate of $24 per week for two weeks. "The evidence shows that the claimant returned to work with the same employer as parts manager at the same wage he was earning at the time of his injury and that he continued his employment with this employer to December 20, 1954, when Pope-Trotter Tractor Company closed its business to move to Tallahassee, Florida. During that period of approximately one year, the claimant lost an occasional day from work for which he was paid and approximately two and one-half weeks for which he was not paid when he was being examined by doctors in Atlanta. He was not paid compensation for that loss of time. "The evidence shows and I find as a matter of fact that at the time Pope-Trotter Tractor Company went out of business the claimant was in their employ and from the testimony of Mr. Pope the claimant would have remained employed as long as the business was operating. That the claimant was fully capable of satisfactorily performing his duties at the time the company went out of business. Medical testimony in the case was that of Dr. Everett E. Jones and Dr. J. W. Chambers. Dr. Jones treated the claimant at the time of his injury and the claimant returned to work when Dr. Jones authorized same and reported that there was no permanent disability existent at that time. Dr. Chambers testified that he had treated the claimant first in 1951 for a back complaint and the last time he examined claimant, the examination and X-ray reports showed that the claimant's back was in virtually the same condition in July, 1954, that it was in 1951. "The evidence shows that the claimant is now able to perform his duties as parts manager and that he has attempted to secure employment since the Pope-Trotter Tractor Company closed, and the reason he is not now employed is that no parts jobs are open in the vicinity of LaGrange. "After careful consideration of all the evidence, I find as a matter of fact that the claimant has failed to carry the burden of proof in establishing that he is entitled to compensation as a result of his accidental injury of December 7, 1953, and I further find as a matter of fact that the sole reason the claimant is now unemployed is because the job for which he was working closed down and there are no jobs available in the vicinity of LaGrange which the claimant is capable of performing. "I further find as a matter of fact that in view of the evidence that the claimant lost two and one-half weeks from work in August and September of 1954 for which he was not paid during which time he was submitting himself to examinations by doctors in Atlanta and he would be entitled to compensation at the rate of $24 per week for the time so lost. "Award: Wherefore, based on the above and foregoing findings of fact, the Pope-Trotter Tractor Company, employer, and/or Travelers Insurance Company, carrier, are hereby authorized and directed to pay compensation at the rate of $24 per week to Robert L. Baker, Jr., claimant, for the two and one-half weeks he lost from work during August and September of 1954 for which he was not paid his salary. Claim for further compensation is hereby denied." Counsel for the claimant point out that the award must be supported by the findings of fact and must have some substantial evidence for its support. True. Our attention is called to Maryland Casualty Co. v. Wheeler, 43 Ga. App. 382 (159 S. E. 139); Whitfield v. American Mutual Liability Ins. Co., 44 Ga. App. 478 (162 S. E. 297); Ware v. Swift & Company, 59 Ga. App. 836 (2 S. E. 2d 128); Bituminous Casualty Company v. Wilbanks, 64 Ga. App. 232 (12 S. E. 2d 479); Lumbermen's Mutual Casualty Company v. Cook, 69 Ga. App. 131 (25 S. E. 2d 67), and Utica Mutual Insurance Company v. Pioda, 90 Ga. App. 593 (1) (83 S. E. 2d 627). These cases are not applicable to the facts in the instant case and are not cause for reversal. We are constrained to hold that there is some evidence to support the findings of fact and award of the board although adverse to the claimant, and we have many times held that in the absence of fraud this court is without authority to disturb the findings of fact and award under such circumstances. This works both ways, in favor of the claimant in some instances, and in the present instance it is in favor of the insurance carrier. It is our opinion that there is some evidence to support the findings of fact and award of the State Board of Workmen's Compensation, and that there is no fraud indicated in the record and we, therefore, decline to reverse the case under the circumstances. Judgment affirmed. Townsend and Carlisle, JJ., concur. |