McZeal v. Liberty Mutual Insurance Co.

CULPEPPER, Judge.

Plaintiff seeks workmen’s compensation benefits for total and permanent disability. From an adverse judgment, plaintiff appealed.

The sole issue on appeal is whether plaintiff was disabled beyond September 9, 1969, the date on which workmen’s compensation payments were terminated.

The plaintiff, a 38 year old negro male, was working as a common laborer, filling bags of fertilizer and placing them on a conveyor belt. The accident occurred on May 23, 1969, when he lifted an 80 pound bag of fertilizer and “felt a sharp pull in the side.”

He was seen that same day by Dr. Harold J…