Bryant v. State

THOMAS, Justice. On November 30, 1943, W. E. Caldwell Company was engaged in the lumber business in Louisville, Ky., including preparing it for building purposes, whilst appellee was one of its servants and employees. Both parties had accepted the provisions of the Workmens Compensation Act. On that day appellee claims to have received a strain in some part of his back when lifting and delivering to the operator of a planing machine a piece of lumber to be dressed. He worked the balance of the day, and reported the injury to his employer. It in turn made report to its indemnifying company. There was also a report made by Dr. Wilbur Helmus, the companys physician, who examined plaintiff and prescribed for him. In his report the physician stated that he examined plaintiff who complained of pain in the lumbo-sacral muscles of the back, the examination having been made on December 1 of the same year. He revealed in his report that X-ray examinations were made showing no bone injury and that the only injuries were purely muscular supported only by subjective symptoms. The doctor recommended a plaster over the complained of parts, and prescribed heat applications, plus some tablets to ease plaintiffs pain of which he complained.