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WALKER v. CITY MOTOR CAR CO.

March 5, 1958

JEROME E. WALKER (EMPLOYEE), RESPONDENT,
v.
CITY MOTOR CAR COMPANY (EMPLOYER), AND GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORPORATION (CARRIER), APPELLANTS.



The opinion of the court was delivered by: Taylor, Justice.

March 5, 1958.

This is a Workmen's Compensation Case.

The Findings of Fact by the hearing Commissioner were:

"1. That all parties to this proceeding are subject to and bound by the terms and provisions of the South Carolina Workmen's Compensation Act.

"2. That claimant was employed by City Motor Car Company on March 24, 1956, and that on this date he suffered an accidental injury arising out of and in the course of his employment.

"3. That claimant, Jerome E. Walker, has reached maximum improvement of his accidental injury of March 24, 1956, and as a result has a 25 per cent permanent partial disability of a general nature.

"4. That claimant's average weekly wages were $99.50; that he is presently employed at an average weekly wage of $77.64, which gives him a dimunition of earnings of $21.86, or the compensable rate of $13.12, commencing March 24, 1956.

"5. That claimant has serious bodily disfigurement in that he has a limp."

Upon review by the whole Commission, the findings were adopted in toto.

Appellant contends that the trial Judge erred in holding that the Industrial Commission found as a fact that the cause of the diminution in claimant's earnings was his incapacity to earn. It may be observed by reference to the Findings of Fact that such is not spelled out specifically, which should have been done; however, we are inclined to agree with Judge Littlejohn that when such findings are read in connection with the issues raised and evidence submitted, it is reasonably clear that the Commission found that the cause of diminution in Respondent's earnings was the incapacity of claimant to earn. We, therefore, are devoting our consideration to the sole question of whether or not the hearing Judge erred in refusing to set aside the award for partial disability in that there was no competent evidence to sustain the award.

Upon appeal, this Court and the Circuit Court can only review the evidence for the purpose of determining whether or not there is any competent evidence to support such findings. If there is, both this Court and the Circuit Court are without power to pass upon the force and effect of such evidence. Rudd v. Fairforest Finishing Co., 189 S.C. 188, 200 S.E. 727; Ham v. Mullins Lumber Co., 193 S.C. 66, 7 S.E.2d 712; Jones v. Anderson Cotton Mills, 205 S.C. 247, 31 S.E.2d 447; Radcliffe v. Southern Aviation School, 209 S.C. 411, 40 S.E.2d 626; Whitfield v. Daniel Construction Co., 226 S.C. 37, 83 S.E.2d 460; Wilson v. City of Darlington, 229 S.C. 62, 91 S.E.2d 714; Leonard v. Georgetown County, 230 S.C. 388, 95 S.E.2d 777.

Respondent, a salesman of new and used cars for the City Motor Car Company, the Dodge and Plymouth dealer for the City of Spartanburg for approximately sixteen years, injured his back while raising a heavy overhead door, at Appellant City Motor Car Company's place of business early in 1956. Appellants have paid all medical bills, including approximately two weeks hospital bills.

During 1955, the year preceding Respondent's injury, he was paid a salary of $150.00 per month plus a 3 per cent commission on new cars and 4 per cent on used cars. Respondent, during the year, sold 59 new cars and 13 used cars, or a total of 72 units, and received therefore $5,174.01 from his employer in salary and commissions.

At the beginning of 1956, prior to the accident, Appellant City Motor Car Company changed its working agreement with its salesmen. Under such agreement, Respondent was paid a guaranteed salary of $350.00 per month, with additional bonuses or commissions should the employer realize ...


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