Butts v. National Standard Insurance Co.

WALTER, Justice.

Wilmeda C. Butts recovered a judgment against National Standard Insurance Company in a workmen’s compensation suit in the amount of $4,589.84. The court found that the insurance company had made prior payments to Mrs. Butts in the total amount of $2,147.70 and awarded her a judgment for $2,242.14.

Butts has appealed and contends the court erred in allowing the set-off of $2,147.70 because the insurance company did not affirmatively plead payment of these weekly compensation benefits.

The insurance company filed its petition to set aside the award to the Industrial Accident…