Mitchell v. United States Fidelity & Guaranty Co.

NEESE, District Judge.

The plaintiff filed this petition for a modification of a previous award under the Tennessee Workmen’s Compensation Law before the date of the final periodic payment in the original award of benefits, T.C.A. § 50-1025; Nelson v. Cambria Coal Company, 178 Tenn. 389, 401, 158 S.W.2d 717, 160 S.W.2d 412, 165 A.L.R. 1; memorandum opinion of this court filed February 8, 1962. The only question now before the Court is whether there has been an increase in the plaintiff’s incapacity due solely to the injury he sustained on January 15, 1957 since the date of the original award.…