Wiley v. Bituminous Casualty Co.

(After stating the foregoing facts.) An examination of the evidence with reference to the first headnote herein discloses that, while Dr. F. Cortez Mims treated patients and made examinations of persons that were referred to him from time to time by the insurance carrier in this case, yet that he was not on a regular retainer to perform this service. There is nothing in the record that indicates that he was on the payroll of the insurance carrier to stand in readiness to perform this type of service whether’ the same was actually performed or not. On the other hand, it affirmatively appears…