Schwab v. Fidelity & Casualty Co. of New York

HALL, Judge.

Plaintiff, Mrs. Nellie B. Schwab, sued her former employer Tri-States Distributing Company, Inc. and its insurer, The Fidelity & Casualty Company of New York, for workmen’s compensation benefits, penalties and attorney’s fees based on total and permanent disability allegedly due to a disc injury sustained on November 8, 1972, while lifting a box of transformers in the course and scope of her employment. Defendants defended on the basis that no such accident occurred and that plaintiff’s herniated disc did not result from an on-the-job accident. After trial, the district court…