Mallory v. American Casualty Co.

Eberharot, Judge.

There may have been some misunderstanding as to the meaning or import of our decision on the former appearance because of some language in the body of the decision which indicates that we construed the evidence to authorize a finding that the claimant suffered a “new accident” when he reached the point of being unable to continue with his work. But the holding of the case was that the evidence was sufficient to authorize a finding that the gradual worsening of the claimant’s condition was at least partly attributable to his physical activity in the continuing of his work…