Ware v. Missouri Valley Dredging Co.

CULPEPPER, Judge.

Plaintiff seeks workmen’s compensation benefits for total and permanent disability. The trial judge found the accident was proved but that plaintiff was not disabled beyond the approximately 6 month period for which benefits were paid. Plaintiff appealed.

The evidence fully supports the occurrence of the accident. The only substantial issue is disability.

The facts show that plaintiff was employed as a laborer in the construction of a pipeline. On October 18, 1961 he was riding on the side boom of a caterpillar tractor when it turned over, throwing plaintiff into a 10 or 12…