Johnson v. Fidelity & Casualty Insurance Co.

STEWART, Judge.

Plaintiff, Lemmie E. Johnson, filed this worker’s compensation suit against Fidelity & Casualty Insurance Company of New York. Johnson appeals the trial court’s judgment which dismissed his claims for underpayment of worker’s compensation benefits, and for attorney fees and penalties due to Johnson because of defendant’s arbitrary and capricious reduction and termination of benefits. We reverse and render.

FACTS

On September 14, 1981, all four fingers on Lemmie Johnson’s left hand were cut off as he cleaned a machine in the course of his employment with Mid-Continent Steel…