Abell v. Albert F. Goetze, Inc

In Abell v. Albert F. Goetze, Inc., 245 Md. 433, 226 A.2d 253 (1967), the Commission had initially made an award to the claimant. On a disputed question of fact, the employer took a de novo appeal to the circuit court judge sitting without a jury. On the evidence before him, the judge reversed the decision of the Commission. The lower court, sitting without a jury, found as a fact that appellant "did not receive an injury on the 4th of February in the course of his employment." The judge in the court below relied on the testimony of nurse McBride, the stipulation as to Dr. McElwain's testimony had he been called as a witness, and the fact that on February 29, 1964, appellant filed a written claim with the Commission concerning the previous hand injury without making claim for the alleged knee injury of February 4, 1964. 245 Md. at 436 . The Court of Appeals fully approved the role of the judge as a fact finder. In the instant case the court below, as the trier of facts, had the opportunity to hear the testimony of the witnesses and observe their demeanor. That great weight was given to the credibility of the witnesses was obvious from the language employed in the oral opinion of the court. 245 Md. at 438. In the last analysis, that judicial fact-finding was not clearly erroneous and was, therefore, affirmed. We certainly cannot say Judge Powers' finding, that the appellant did not receive an injury on the 4th of February in the course of his employment, was clearly in error and we so hold. 245 Md. at 439.