Scroggins v. Corning Glass Company

On April 25, 1955, plaintiff, while an unskilled laborer, incurred a back injury arising out of and in the course of his employment at defendant’s plant. The last day he worked was May 26, 1955. Plaintiff had been earning $65 for a 40-hour *176week. Defendant voluntarily paid compensation to the plaintiff for most of the time until plaintiff went back to favored employment, on September 20, 1956, at a greater wage, as a plant guard. During the interval when he was not working, plaintiff underwent surgery on his back.

On December 28, 1963, defendant discharged the plaintiff for being under the…