Indemnity Insurance Company v. Davis

Felton, Chief Judge.

The .sole question for determination in this case is whether or not the evidence demanded a finding that there had been a change in the claimant’s condition.

The claimant suffered an injury to his back. By agreement he was given compensation based on temporary total disability. The claimant’s injury was diagnosed as an intervertebral disc. Subsequently, a laminectomy was performed on the claimant. The employer had the burden of proving a change in the claimant’s condition. It did not, by the testimony of the neurosurgeon who performed the operation, prove such a change in…