Wilson v. Millers Mutual Insurance

CULPEPPER, Judge.

This is a suit for workmen’s compensation benefits for total and permanent disability. Plaintiff was injured on October 7, 1974 while working as a truck driver for Ed-mundson Duhe Rice Mill, Inc. The defendant is the compensation insurer of the Rice Mill. The trial court rendered judgment awarding benefits for total and permanent disability, but denied plaintiff’s claim for penalties and attorney’s fees. Defendant appealed. Plaintiff answered the appeal, seeking penalties and attorney’s fees.

The issues are: (1) Is there a reasonable evidentiary basis for the trial court’s…