Carter v. Bituminous Casualty Corp.

The trial court awarded the plaintiff four months residual disability from the time of her last medical examination on May 27, 1965, (a week before the trial of June 4). Ordinarily, when in fact the plaintiff is still disabled at the time of trial, the proper award is either for temporary total (300 weeks) or permanent total (400 weeks) disability: For the employer can protect himself and secure periodic revision of the award should the disability lessen, whereas the employee is caused hardship or may even be deprived of compensation should! his disability persist beyond the medical estimates…