Ellzey v. Fidelity & Casualty Co. New York

REGAN, Judge.

Plaintiff, Claude Ellzey, instituted this suit against the defendant, Fidelity and Casualty Company of New York, the compensation insurer of his employer, Southern Scrap Material Company, endeavoring to recover maximum workmen’s compensation benefits and medical expenses for an injury, incurred as a result of a 600-pound airplane wheel striking his back during the course of his work. Plaintiff further asserted that the insurer arbitrarily withheld compensation payments and, therefore, requested the imposition of statutory penalties and attorney’s fees.

Defendant answered and…