Young v. Insurance Co. of North America

AYRES, Judge.

This is an action for workmen’s compensation wherein plaintiff seeks to recover of his employer’s insurer benefits provided by statute for total and permanent disability. A defense is that plaintiff was paid compensation for the duration of his disability; that he is no longer disabled and is fully able to perform and is actually and has been performing the duties of his employment as a common laborer since the discontinuance of the payment of compensation. After trial, plaintiff’s demands were rejected and he appealed.

Plaintiff, 58 years of age, was injured May 26, 1963, while…