Myers v. J. B. Tally, Inc.

HOOD, Judge.

This is a workmen’s compensation suit instituted by Warren Myers against J. B. Tally, Inc., and its insurer, Employers Commercial Union Insurance Company. Judgment was rendered by the trial court in favor of plaintiff, and defendants have appealed.

The sole issue presented is whether plaintiff has been disabled since the date on which the payment of workmen’s compensation benefits was discontinued.

Plaintiff sustained a neck injury on November 27, 1972, while working as a bulldozer operator for defendant, J. B. Tally, Inc. The bulldozer hit an obstruction as it was being operated…