Duray v. Continental Insurance Co.

PENROSE C. ST. AMANT, Judge Pro Tem.

This is a suit for workmen’s compensation benefits for alleged total and permanent disability. The sole issue on appeal is the extent of plaintiff’s disability.

Plaintiff, who was employed as a welder, initially sued the executive officers of his employer in tort. A jury trial resulted in a judgment adverse to the plaintiff which was affirmed on appeal, Duray v. Continental Insurance Company, 311 So.2d 491 (La.App. 4th Cir. 1975).

By stipulation of counsel this suit for compensation benefits was submitted on the basis of the entire record in the tort suit.…