Marlar v. Marlar

JACKSON, Justice.

Warner B. Marlar, claimant, was awarded compensation against his employer, B. C. Marlar and the latter’s insurance carrier, United States Fidelity & Guaranty Company (hereinafter referred to collectively as respondent), for total permanent disability arising out of an accidental injury sustained in the scope of his employment on May 9, 1957, which resulted in an aggravation of pre-existing kidney disease. Respondent brings this action to obtain a review.

Claimant testified that while attempting to increase tension on the track of a diesel-propelled excavator shovel by using a…