Evans's Case

The question is, which of two insurers shall pay compensation for total disability. The employee, however, is interested in the question, because if the time of the injury can be postponed until after St. 1935, c. 364 (G. L. [Ter. Ed.] c. 152, § 34A) took effect in September, 1935, he is in a more favorable position than was possible under G. L. (Ter. Ed.) c. 152, § 34.

On May 11, 1929, while working for one McNutt, who was insured by the American Mutual Liability Insurance Company, the employee received a compensable personal injury to his back. After receiving compensation for a time,. he…