McAlear v. Arthur G. McKee & Co.

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the opinion of the Court.

This is an appeal from the Workers’ Compensation Court wherein defendant insurer was ordered to pay plaintiff, Richard L. McAlear, $614.40 partial disability. The facts are:

On October 21, 1974, while employed as a carpenter by defendant McKee, McAlear suffered a broken elbow. It was not disputed that the injury arose out of and in the scope of his employment. Neither are the medical reports which state McAlear suffered a 15% permanent loss of extension in that elbow as a result of this injury questioned.

Immediately after…