Citations
- 247 F.2d 702
Full opinion text
RIVES, Circuit Judge.
This is a workmen’s compensation case in which the district court entered judgment notwithstanding the verdict on the ground that appellant had failed to raise a fact issue as to “good cause” for not filing his claim with the Industrial Accident Board within the six months required by Section 4a of Art. 8307, Vernon’s Revised Civil Statutes of Texas.
The appellant sustained an accidental injury to his back while in the course of' his employment with Hughes Development Company on August 3, 1955. Notice of such injury was received by the employer that same day. Appellant filed his claim for compensation on April 7, 195C. He alleged that he had good cause for filing his claim two months after the time prescribed by law in that he believed until about the time the claim was filed that he would recover from his injury to the extent that he would have no disabling results therefrom; that he did not wish to annoy his employer or the insuranee company unless and until he was reasonably sure that he was going to have some substantial disability; and that his employer continued to furnish him with suitable employment.
Upon trial to a jury on October 12, 1956, a verdict was returned that appellant sustained partial and permanent 35 per cent incapacity as a result of his injury, and that he had good cause for not filing his claim within the six months statutory period.
Appellee filed its motion for judgment non obstante veredicto, contending that the pleadings did not allege legal elements ■or grounds of good cause under the Workmen’s Compensation Act, and that the evidence conclusively defeated any “good cause.” The district court sustained that motion, and entered judgment for the appellee, notwithstanding the verdict. This appeal followed.
Appellant was injured about 10:30 in the morning when he picked up a one .hundred pound keg of nails and put it on his shoulder. He had a pain through his back and down his legs, and had to have .a fellow employee take the keg off his •shoulder. “I couldn’t get shed of them, I was hurting so bad that I couldn’t lift them off.” “ * * * a pain hit me in any back, just seemed like it just paralyzed me nearly.” He thought the pain would pass and stayed at the job site ■until 2:30 that afternoon, when his foreman sent him to Dr. Leadbetter. Dr. Leadbetter sent him to a hospital where 'he remained in traction, “weights tied on .my legs and pulled over the end of the ■bed,” for seven days. He continued going to Dr. Leadbetter for another week 'receiving heat treatments, but “I wasn’t .getting any better, still I couldn’t ■straighten up and I couldn’t walk.” He then went to a chiropractor of his own ■choice. “ * * * he helped me to where I could go back out on light duty.” He •was off the job about seven weeks altogether. Since thén he has been able to