Pea v. Hardware Mutual Casualty Co.

BOLIN, Judge.

Plaintiff instituted this action against his employer’s insurer for workmen’s compensation for total and permanent disability resulting from injury sustained when a heavy dragline bucket fell on his right foot while he was performing duties as a welder’s helper. Defendant filed a plea of prematurity which was tried and subsequently overruled. The case proceeded to trial and from judgment in plaintiff’s favor defendant has appealed urging the incorrectness of the judgment of total disability and re-urging the plea of prematurity.

The circumstances and background relating to the…