Dunphy v. Liberty Mutual Insurance

TATE, Judge.

This is a suit for workmen’s compensation benefits. Made defendant is the employer’s insurer. The plaintiff employee appeals from the dismissal of his claim.

The claim is based upon an alleged back-injury at work on July 22, 1961. The suit was tried in June 1962. Subsequent to the trial,, the district judge who heard the case was succeeded in office. The case was then submitted to a successor judge in late 1964, who dismissed the suit, feeling that the claimant had failed to fulfill the burden of proof required of a compensation claimant. The judgment of the deciding district…