National Mut. Casualty Co. v. Lowery

FUNDERBURK, Justice.

Thomas Jefferson Lowery, by way of appeal from an adverse decision of the Industrial Accident Board, brought this suit seeking to recover compensation for allegedly total and permanent disability resulting from hernia sustained by him as an employee of National Tank Company. The National Mutual Casualty Company, compensation insurance carrier for said employer, was the defendant. Plaintiff’s petition (trial pleading), among other things, alleged that “he has been willing at all times and is willing now [file date of pleading, October 10, 1938] to undergo a surgical…