Sam v. Kendrick

HOOD, Judge.

Carlton Sam instituted this suit to recover workmen’s compensation benefits from his employer, Frank Kendrick, d/b/a Kendrick Excavating Service, and the latter’s insurer, United States Fidelity & Guaranty Company. The trial court rendered judgment for defendants, and plaintiff appealed.

The issues presented are (1) whether plaintiff has been disabled since the payment of compensation benefits was discontinued, and (2) whether plaintiff is entitled to benefits for the permanent partial loss of the use of a member, under LSA-R.S. 23:1221.

Plaintiff sustained a disabling injury on…