Moody v. H. B. Fowler & Co.

CHASEZ, Judge.

Defendant takes this appeal from an award of maximum workmen’s compensation benefits to plaintiff, William B. Moody, for total and permanent disability resulting from a hernia.

It is not denied that, at this time, plain-tiff has a fully developed hernia; that he is disabled from performing the duties required of a common laborer; and that an operation is necessary to correct the condition.

Defendant denies liability for compensation payments on the grounds that the hernia plaintiff presently has, is the same hernia for which he received a settlement payment some years previous on…