Gary v. Travelers Insurance Co.

MILLER, Judge.

Plaintiff was awarded total and permanent workmen’s compensation .benefits together with penalties and attorney’s fees. Defendant, his employer’s insurer, appealed only the award of penalties and attorney’s fees. Plaintiff answered the appeal seeking an increase in the award of attorney’s fees.

Counsel for defendant contends that it was not arbitrary in stopping compensation payments to plaintiff since it acted after receiving a letter dated November 7, 1968, from Dr. Edward W. Phillips, an orthopedic specialist who had treated plaintiff from March 22, 1968 through November 4,…