McConolouge's Case

McConolouge, the employee, fell fifteen feet from a ladder and suffered injury to his back on February 8, 1955, while working for an employer insured by Liberty Mutual Insurance Company (hereinafter called Liberty). The employee was paid total incapacity compensation by Liberty until October 25, 1955. An orthopedic surgeon who examined him on September 27, 1955, found that he was then “disabled for his usual occupation [ironworker], but . . . [could] do some light work.”

On October 24, 1955, at 8 a.m. the employee went to work for a second employer, insured by American Mutual Liability…