Ferrier v. Roy O. Martin Lumber Co.

TATE, Judge.

This is a workmen’s compensation suit. The defendant employer appeals from judgment awarding the plaintiff compensation benefits for total and permanent disability. The plaintiff answers the appeal to request penalties for the arbitrary nonpayment of compensation due. The defendant employer filed in this court a motion to remand the case on the basis of newly discovered evidence.

The chief issue of this appeal is whether an accident at work caused the plaintiff’s undoubted disability.

The plaintiff Ferrier was a night watchman. He testified that he fell at about 11:00 P.M. on…