Moncrief v. Russell Corp.

ROBERTSON, Presiding Judge.

Tracy Moncrief (employee) filed suit for workmen’s compensation benefits, alleging that he sustained a back injury arising out of and in the course of his employment with the Russell Corporation (employer).

After an ore tenus proceeding, this case was taken under submission. During the time this case was under submission, the trial judge died, and the ease was assigned to another judge. The parties then requested that the record of the hearing be submitted by stipulation, and the new trial judge found, inter alia, that the employee had sustained a lower back injury…