Miller v. Independent Life & Accident Insurance

In the main, counsel for both sides agree on the facts. The facts are not contested that the claimant sustained an accidental injury which arose out of and in the course of his employment and that such injury resulted in a sixty percent loss of the use of his right arm. The question presented for decision is whether the claimant is barred by having received a lump-sum settlement with a previous employer. Code § 114-404 reads: “When the incapacity to work resulting from an injury is total, the employer shall pay . . to the employee during such total incapacity . . and in no case shall the…