Hutchinson v. Commercial Union Insurance Co. of New York

STOULIG, Judge.

This appeal is from a judgment of total and permanent disability in a workmen’s compensation suit. Appellants, Dixieland Tours, Inc., and its insurer, the Commercial Union Ins. Co. of New York, challenge the trial court’s award of benefits in the sum of $35 per week for a period not to exceed 400 weeks. Harry S. Hutchinson, the plaintiff-appellee, has answered the appeal renewing his denied request for statutory penalties and attorney’s fees.

The pertinent facts are that Hutchinson, a sightseeing guide, suffered a heart attack (myocardial infarction) when he ran up the steps at…