Bellard v. Liberty Mutual Insurance

CULPEPPER, Judge.

This is a workmen’s compensation case. Plaintiff’s original petition alleged total and permanent disability as a result of a lumbosacral strain received while moving a piece of concrete pipe. Apparently being unable to obtain any medical testimony to prove disability resulting from the back sprain, beyond the period for which compensation was paid, plaintiff amended his petition on the day of trial asserting work connected disability as a result of an epi-gastric hernia. The district judge held that, even assuming there was an accident in the course of employment, which is…