Wheat v. Murphy Construction Co.

WILLIAMS, Judge.

This is an appeal by plaintiff Joseph T. Wheat from a decision of the trial court finding defendants Murphy Construction Company [“Murphy”] and its insurer Aetna Life and Casualty not obligated to pay him workers’ compensation benefits.

Plaintiff was employed by Murphy as a bulldozer operator. He earned $9.00 an hour. On May 30, 1985, a tree branch scratched his left eye while he was working. Plaintiff consulted an optometrist who referred him to an ophthalmologist. Both indicated that he could return to work. Once plaintiff was thus considered able to return to work, workers’…