Opinion
No. 42054.
December 4, 1961.
APPEAL from the Circuit Court of Adams County; JAMES A. TORREY, J.
J.A. Travis, Jr., Barney E. Eaton, III, Jackson; Robert L. Netterville, Natchez, for appellant.
I. The attorney-referee, the Mississippi Workmen's Compensation Commission and the Circuit Court erred in their findings of fact and conclusions of law that appellant's disability was not causally related to an accidental injury arising out of and in the course of appellant's employment. Deemer Lumber Co. v. Hamilton, 211 Miss. 673, 52 So.2d 634; Goodnite v. Farm Equipment Co., 234 Miss. 342, 103 So.2d 391; International Paper Co. v. Hanfield, 223 Miss. 747, 78 So.2d 895; Lewis v. Trackside Gasoline Station Pacific Indemnity Co., 233 Miss. 663, 103 So.2d 868; Lindsey v. Ingalls Shipbuilding Corp., 219 Miss. 613, 53 So.2d 69; Lucedale Veneer Co. v. Rogers, 211 Miss. 613, 53 So.2d 69; Masonite Corp. v. Lucius Fields, 229 Miss. 458, 91 So.2d 528; Port Gibson Veneer Box Co. v. Brown, 226 Miss. 127, 83 So.2d 757; Railway Express Agency v. Hollingsworth, 211 Miss. 688, 74 So.2d 754, 74 So.2d 639; Reyer v. Pearl River Tung Co., 219 Miss. 211, 68 So.2d 442; Schilling v. Mississippi State Forestry Commission, 226 Miss. 858, 85 So.2d 562; Southern Engineering Electric Co. v. Chester, 226 Miss. 136, 83 So.2d 811; Thornbrough Well Servicing Co. v. Brown, 223 Miss. 322, 78 So.2d 159; Thrash v. Jackson Auto Sales, 232 Miss. 845, 100 So.2d 574; W.G. Avery Body Co. v. Hall, 224 Miss. 51, 79 So.2d 453; Williams v. Vicksburg Wholesale Poultry Co., 233 Miss. 384, 102 So.2d 378; Williams v. McIntosh, 226 Miss. 553, 84 So.2d 692; 2 Larson's Workmen's Compensation Law, Sec. 4224.
Brandon, Brandon, Hornsby Handy, Natchez, for appellee.
I. In workmen's compensation proceedings, the credibility of the witnesses is for the Commission. Barry v. Sanders Co., 211 Miss. 656, 52 So.2d 493.
II. The burden of proof is upon a claimant to establish his claim before the Mississippi Workmen's Compensation Commission and in doing so there must be proven a causal connection between an injury and his employment. Capitol Broadcasting Co. v. Wilkerson, 240 Miss. 64, 126 So.2d 242; Dillon v. Gasoline Plant Construction Corp., 222 Miss. 10, 75 So.2d 80; Franks v. Goyer Co., 234 Miss. 833, 108 So.2d 217; Ingalls Shipbuilding Corp. v. Howell, 221 Miss. 824, 74 So.2d 863; Nicholas Co., Inc. v. Dodson, 232 Miss. 569, 99 So.2d 666; Oatis' Estate v. Williamson Williamson Lbr. Co., 230 Miss. 270, 92 So.2d 557; Smith v. St. Catherine Gravel Co., 220 Miss. 462, 71 So.2d 221; Sullivan v. C. S. Poultry Co., Inc., 234 Miss. 126, 105 So.2d 558; T.H. Mastin Co. v. Mangum, 215 Miss. 454, 61 So.2d 298.
III. The Mississippi Workmen's Compensation Commission is the trier of the facts and any question of fact decided by it is conclusive on appeal if it is supported by substantial evidence. Otherwise stated, if there is substantial evidence to support the findings of fact of the Mississippi Workmen's Compensation Commission and the Circuit Judge, then the Supreme Court is not at liberty to override such findings. Dillon v. Gasoline Plant Construction Corp., supra; Druey v. Ingalls Shipbuilding Corp., 237 Miss. 277, 114 So.2d 772; Fair Stores v. Bryant, 238 Miss. 434, 118 So.2d 295; Franks v. Goyer Co., supra; Havens v. Natchez Times, 238 Miss. 121, 117 So.2d 706; Malley v. Over The Top, Inc., 229 Miss. 347, 90 So.2d 678; Mississippi Products v. Gordy, 224 Miss. 690, 80 So.2d 793; Morris v. Art's Army Store, 226 Miss. 881, 85 So.2d 581; Nicholas Co., Inc., v. Dodson, supra; Oatis' Estate v. Williamson Williamson Lbr. Co., supra; Parker v. United Gas Corp., 240 Miss. 351, 127 So.2d 438; Poole v. R.F. Learned Son, 234 Miss. 362, 103 So.2d 396, 105 So.2d 162; Sones v. Southern Lumber Co., 215 Miss. 148, 60 So.2d 582; Sullivan v. C. S. Poultry Co., Inc., supra; Tanner v. American Hardware Corp., 238 Miss. 612, 119 So.2d 380; Welborn v. Joe N. Miles Son Lumber Co., 231 Miss. 827, 97 So.2d 734.
There were ample circumstances and testimony offered by the appellees to make an issue of fact as to whether the testimony of the claimant and his witnesses should prevail. The attorney-referee, the full commission and the circuit court denied liability on conflicting evidence, and we are of the opinion that the decision of the commission, affirmed by the circuit court, was supported by substantial evidence and that the same should be affirmed.
Affirmed.
McGehee, C.J., and Kyle, Gillespie and McElroy, JJ., concur.