Thomas v. Indemnity Insurance Co. of North America

AYRES, Judge.

By this action plaintiff seeks to recover workmen’s compensation for total and permanent disability. The basis of the claim is an alleged recurrent traumatic inguinal hernia. The trial court concluded that no causal relationship was established between an accident sustained by plaintiff July 5, 1955, and the occurrence of the hernia in 1957. From a judgment rejecting his demands, plaintiff has appealed.

The facts material to the issue presented for resolution may be briefly stated. Defendant’s assured, Wright Waterproofing Company, was engaged in construction work in the…