Opinion
6 Div. 95.
May 12, 1971.
Appeal from the Circuit Court of Winston County, Cecil H. Strawbridge, Special Judge.
James F. Berry, Cullman, for appellant.
When the trial courts finding is merely meager or omissive, then the appellate court will look to the evidence to see if the judgment can be sustained on any reasonable view of it. Code 1940, Title 26, Section 253, et seq. 304; Bass v. Cowikee Mills, 257 Ala. 280, 58 So.2d 589; Ala. Textile Products Corp. v. Grantham, 263 Ala. 179, 82 So.2d 204; West Point Mfg. Co. v. Bennett, 263 Ala. 571, 83 So.2d 303. Under the Code Section requiring written notice of injury to be given employer by compensation claimant; a verbal notice of the injury standing along cannot be said to be any evidence of knowledge since so to hold would virtually strike from the statute the requirement of notice in writing. American Radiator Co. v. Andino, 217 Ala. 424, 116 So. 121; Sloss-Sheffield Steel Iron Co. v. Keefe, 217 Ala. 409, 116 So. 424. All doctors should take a thorough detailed medical history. It is impossible in most cases to arrive at a completely accurate diagnosis without the medical history. Proving Medical Diagnosis and Prognosis, Section 3.07(3).
Fite, Davis Fite, Hamilton, for appellee.
Where there is any legal evidence or reasonable inference from legal evidence to support the finding of facts of the trial court, such finding is conclusive and the judgment rendered thereon will not be disturbed. Ex Parte Little Cahaba Coal Co., 213 Ala. 596, 105 So. 648. The Appellate Court, on certiorari, to review judgment, can look to the evidence in the record to see whether, on any reasonable view thereof, judgment can be sustained. Alabama Textile Products Corp. v. Grantham, 263 Ala. 179, 82 So.2d 204.
Appellee sued appellant in the Circuit Court of Winston County, Alabama, for injuries allegedly suffered from an accident that occurred while appellee was discharging duties in the course of his employment by appellant.
From a judgment awarding compensation, based upon a finding by the trial judge that appellee suffered permanent partial injuries of 50% to his body as a whole and awarding compensation accordingly, petitioner-appellant brings this appeal by way of certiorari.
The entire thrust of six of appellant's eight assignments of error go to the proposition that the evidence for the injured employee was not sufficient to support the finding of facts of the trial judge and the ensuing judgment.
The eighth assignment of error complains that the medical testimony of Dr. T. M. Blake, who examined and treated the injured employee "was all founded on memory, and none on written memoranda, and that his testimony as to the type of injury received and the percentage of disability awarded for said injury were mere conclusions not predicated on sound or good medical practice." We know of no rule of law that holds that a medical doctor may not testify from memory, the same as all other witnesses, nor are we advised of any rule of law that attempts to define "sound or good medical practice." Furthermore, appellant made no effort to have appellee examined by another doctor, as it had a right to do, and it offered no medical testimony to refute that of Dr. Blake. The court's finding of a 50% partial disability to the body as a whole was the only reasonable finding that the court could have made upon the testimony before it.
Appellant's third assignment of error was that appellant "did not have written notice of the accident of the type sufficient to dispense with the written notice."
If written notice of an accident is not given, actual knowledge is the equivalent of the required statutory notice. Calvert v. Funderburg, 284 Ala. 311, 224 So.2d 664.
The trial court in its judgment said: "* * * that the Defendant had actual and immediate notice of said accident and injury; * * *" — which was a finding of fact by the court that we will not disturb, since evidence was offered and admitted supporting said finding.
Under the Workmen's Compensation Act, a finding of the trial court will be sustained if it has support in the evidence. Ford v. Crystal Laundry Co., 238 Ala. 187, 189 So. 730.
And some evidence is all that is required. Ex parte National Pipe Foundry Co., 213 Ala. 605, 105 So. 693; Ex parte Paramount Coal Co., 213 Ala. 281, 104 So. 753.
We hold that every finding of fact of the trial judge was supported by some legal evidence and that the learned trial judge made no errors in his conclusions of law.
Affirmed.