The X rays of the lumbar spine, made in Dr. X rays of the thumb showed no positive dislocation or bone pathology and, although plaintiff complains of tenderness and pain in the thumb which disables him from returning to carpentry work, we find no merit to this complaint and none of the medical doctors support plaintiff's claim relating to the thumb. Baker that he had fallen against the scale. It was during this period, on April 21, 1958, the thirteenth day after cutting his thumb, that plaintiff first complained of pain in his back and recounted to Dr. He was paid compensation during this period and medical expenses. Baker's treatment, visiting his office about every other day until May 28. Baker cleaned and sutured the wound and applied a dressing. Baker in New Orleans for treatment of the thumb laceration. He was taken, by Irving Peter Lawlee, a fellow employee, to the office of Dr. He felt no pain in his back at that time. Plaintiff testified, though this portion of his testimony is contradicted, that as a result of cutting his thumb, he fell backward in a sitting position and struck the lower part of his back on a platform scale. While cutting wood slats on April 8, 1958, with a power saw, plaintiff's left thumb came in contact with the saw and the fleshy part on the thumb's extremity was cut away. These coops or cages were light in weight, about eighteen or twenty pounds, and were partly made of wooden slats or bars. Plaintiff's employment required that he repair chicken coops used in transporting live poultry. This firm was a wholesale business establishment engaged in poultry eviscerating in the city of New Orleans. The plaintiff, who was then 47 years of age, was employed as a carpenter by the defendant, Felix Bonura Company, a corporation and owner of Magnolia Broilers. Our study of the evidence discloses these facts. Upon the application of plaintiff, we granted certiorari to review the judgment of the Court of Appeal. The judgment further directed that the fees of plaintiff's medical experts be assessed as costs, which the defendants, the employer and his insurer, were condemned to pay.įrom this judgment defendants appealed to the Court of Appeal, Fourth Circuit, where the judgment was reversed. This award was subject to a credit of $204.27 for compensation *2 previously paid, plus $236.00 as medical expenses. The trial court without assigning written reasons, rendered judgment in favor of the plaintiff workman awarding compensation for the duration of his disability, not however beyond four hundred weeks, commencing April 8, 1958. Guillory, against his employer, Felix Bonura Company, and its insurer New Amsterdam Casualty Company, for compensation due on account of injuries which were alleged to have occurred on April 8, 1958. This suit for workmen's compensation was instituted by the plaintiff, Louis J. Loeb, New Orleans, for defendants-respondents. Guillot, New Orleans, for plaintiff-appellee, applicant.
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |