Goudeau v. McKee

SAVOY, Judge.

The plaintiff filed a suit for workmen’s compensation benefits, penalties and attorney’s fees against his employer and his employer’s insurer. The defendant filed a plea of prematurity which was maintained by the district judge, and plaintiff’s suit was dismissed. This appeal followed.

While in the course of employment, plaintiff was injured on August 24, 1966. He was paid compensation from the date of the accident- through November 5, 1966. Defendant stopped making payments after November 5, 1966, because of a medical report by Dr. T. E. Banks, orthopedist, dated October 24,…