Johnson v. Employers Liability Assurance Corp.

Mr. Judge Martin

delivered the opinion of the Commission of Appeals, Section B.

Judgment in a lump sum was entered by the trial court for the compensation claimant in this case. This case was tried upon the theory that claimant suffered a general injury resulting in total incapacity from two different accidents, one in December, 1932, and the other in July, 1933. The claimant alleged “a left and a right inguinal hernia” as the result of such injuries. During the trial the compensation carrier tendered a hernia operation. The Court of Civil Appeals held:

“The appellee on the witness stand…