Smith v. Phoenix Assurance Co.

SWIFT, Judge.

Mrs. Jessie Mae Smith brought this suit for total disability benefits under the workmen’s compensation act, alleging that a work related accident had caused her to suffer a hernia. The lower court rendered judgment in favor of the defendant, the employer’s compensation insurer, and the plaintiff has appealed.

Plaintiff worked as a kitchen helper for Drago Batinich at Drago’s Seafood Restaurant in New Orleans. Mrs. Smith testified that on February 13, 1966, while carrying a pot of potatoes and attempting to open a rear door of the premises, the handle of the pot “jabbed my stomach”…