Opinion
No. 43375.
March 1, 1965.
1. Workmen's compensation — spontaneous pneumothorax — work connected.
Medical evidence supported Workmen's Compensation Commission's finding that claimant's onset of spontaneous pneumothorax occurred as result of physical strain caused by his coughing, which in turn was caused by plastic dust and chemical fumes inhaled at his place of employment.
2. Workmen's compensation — medical testimony — claimant not permanently and totally disabled from emphysema.
Medical testimony supported determination by Workmen's Compensation Commission that plaintiff's emphysema did not permanently and totally disable him.
Headnotes as approved by Rodgers, J.
APPEAL from the Circuit Court of Hinds County; M.M. McGOWAN, J.
Melvin B. Bishop, Daniel, Coker Horton, Jackson, for appellant.
I. The claimant, failing to prove by medical testimony that his physical condition was either caused or contributed to by any phase of his work activity, the award of the Workmen's Compensation Commission and the affirmance thereof by the Circuit Court were erroneous, and the employer and carrier are entitled to judgment here. International Paper Co. v. Wilson, 243 Miss. 659, 139 So.2d 644; Potts v. Lowery, 242 Miss. 300, 134 So.2d 474; Welborn v. Joe N. Miles Sons Lumber Co., 231 Miss. 827, 97 So.2d 734.
II. Mere presence of an employee at work is insufficient in itself to constitute causal connection between employment and cause of injury. Union Producing Co. v. Dependents of Simpson, 251 Miss. 183, 168 So.2d 808.
J.O. Hollis, Carthage, for appellee.
I. Claimant-appellee and cross-appellant complains of two accidental injuries as follows: 1. The development of a lung disorder known as emphysema or the aggravation thereof by the constant exertion of breathing while working in the atmosphere referred to above; 2. Spontaneous pneumothorax caused by the rupture of an emphysemas bled induced by coughing. Babcock Wilcox Co. v. McClain (Miss.), 149 So.2d 523; Christopher v. City Grill, 218 Miss. 638, 67 So.2d 694; City of Moss Point v. Cullum, 230 Miss. 139, 92 So.2d 456; Employers Insurance Co. of Alabama v. Dean, 227 Miss. 501, 86 So.2d 307; Goodnite v. Farm Equipment Co., 234 Miss. 342, 103 So.2d 391; Holman v. Standard Oil Co. of Kentucky, 242 Miss. 657, 136 So.2d 591; Ingalls Shipbuilding Corp. v. King, 229 Miss. 871, 92 So.2d 196; Lawson v. Traxler Gravel Co., 229 Miss. 159, 90 So.2d 204; Nicholas Co. v. Dodson, 232 Miss. 569, 99 So.2d 666; Pryor v. Woodall Industries, Inc., 250 Miss. 672, 167 So.2d 920; Russell v. Sohio Southern Pipe Lines, 236 Miss. 722, 112 So.2d 357; Scott v. Brookhaven Well Service, 246 Miss. 456, 150 So.2d 508; Smith v. St. Catherine Gravel Co., 220 Miss. 462, 71 So.2d 221; Wallace v. Copiah County Lumber Co., 223 Miss. 90, 77 So.2d 316; Welborn v. Joe N. Miles Sons Lumber Co., 231 Miss. 827, 97 So.2d 734; Williams Brothers Co. v. McIntosh, 226 Miss. 553, 84 So.2d 692; W. Shanhouse Sons v. Sims, 224 Ark. 86, 272 S.W.2d 68; 2 Am.Jur.2d, Administrative Law, Sec. 583 p. 567; Dunn, Mississippi Workmen's Compensation (1965 Cum. Supp.), Sec. 166 p. 111; 8 Encyclopedia Britannica (1962 Ed.) 402; 18 Encyclopedia Britannica (1962 Ed.) 100; Larson, Workmen's Compensation Law, Secs. 38.83, 39.10.
This is a workmen's compensation case. The appellee, workman, is suffering from the disease of cystic emphysema and chronic bronchitis. He has small blebs or cysts in the apices of both lungs. His disabling onset occurred when one of the blebs, or air spaces, ruptured, causing the lung to partially collapse. The sudden rupture is called spontaneous pneumothorax by the medical doctors, and it may be caused by several initiating circumstances, including strain and coughing.
The evidence shows the petitioner's first episode of spontaneous pneumothorax occurred on May 5, 1961, while he was working in plastic dust and chemical fumes at his place of employment. He was absent from his work until May 26, 1961. Petitioner again suffered a spontaneous pneumothorax on August 10, 1961, and was unemployed until April 16, 1962. Thereafter, his diseased condition became normal. (Hn 1) The appellant argues on appeal that the medical testimony does not show that the spontaneous pneumothorax occurred as the result of the petitioner's employment; that the evidence shows only a "possible" causation connecting it with his employment, rather than a "probable" causal connection with petitioner's employment. We are of the opinion, however, that there is ample medical evidence shown by the record on which the Workmen's Compensation Commission could reasonably base a finding of fact, from which it determined that the petitioner's onset of spontaneous pneumothorax occurred as a result of physical strain caused by petitioner's coughing, which in turn was caused by plastic dust and chemical fumes inhaled at petitioner's place of employment.
(Hn 2) The petitioner-workman has cross-appealed and contends here that the order of the Workmen's Compensation Commission is erroneous because the Commission did not find that appellant was not permanently and totally disabled from emphysema, sustained, aggravated, or contributed to by the gradual injury from long exposure to plastic dust and chemical fumes, culminating in the spontaneous pneumothorax.
In answer to this query — and without stopping to determine whether or not emphysema, systic type, is an occupational disease — we are satisfied that the Commission had ample medical testimony from which to base its determination in this case, that the appellee is not totally and permanently disabled, although his condition was temporarily aggravated by the dust and fumes inhaled during his employment.
The judgment of the Circuit Court and the order of the Workmen's Compensation Commission will be affirmed, allowing temporary total disability for the periods therein set out at the rate therein shown in accordance with the Workmen's Compensation law, together with the penalty prescribed. In addition, we allow the 5% statutory penalty on the amount allowed by the judgment of the Circuit Court, together with 6% interest on each weekly payment from the date due until paid. The motion of appellee-workman to fix a reasonable attorney's fee to be paid his attorney for his services will be sustained and the total attorney's fee is fixed at 33-1/3% of the amount recovered by the appellee-workman.
Affirmed on direct and cross-appeals.
Kyle, P.J., and Gillespie, Brady and Inzer, JJ., concur.