Opinion
No. 23110
Opinion Filed June 28, 1932.
(Syllabus.)
Master and Servant — Workmen's Compensation — Review of Awards — Lack of Evidence Showing Permanency of Disability — Remand of Cause for Further Evidence.
Where it appears that respondent received a compensable injury and the evidence as adduced does not warrant the finding of the Commission that the disability due to the original injury was permanent, held cause remanded, with directions to hear further testimony on the question of the permanency of respondent's disability. On failure to show such permanency, the Commission is directed to dismiss claim of respondent.
Original action by Wilson Company, Inc., (own risk) to review order and award made by the State Industrial Commission in favor of W.T. Moore. Remanded, with directions.
C.D. Bennett, for petitioner.
Lillard, Gibbons Wheeling, for respondents.
Review of an award made by Industrial Commission. The major proposition involved is whether there is competent evidence to substantiate the award, as to the permanency of respondent's disability, due to the dislocation of his shoulder. The injury was compensable. If it is permanent, respondent is entitled to the award. A review of this record does not justify an award for permanent disability. The cause is remanded to the Commission, with directions to hear further testimony on this question. If respondent fails to produce competent evidence showing the permanency of such disability, the Commission is directed to dismiss the same.
HEFNER, CULLISON, SWINDALL, and ANDREWS, JJ., concur. KORNEGAY, J., dissents. LESTER, C. J., CLARK, V. C. J., and RILEY, J., absent.