Fitzpatrick's Case

This is a workmen’s compensation case. The employee was incapacitated by an injury that arose out of and in the course of his employment, and no question is raised that he is entitled to compensation. The issue presented is whether the London Guarantee & Accident Co., Ltd., the insurer on the risk on May 12, 1948, when as the result of an injury, the employee became partially disabled, or The Travelers Insurance Company, the insurer on the risk on January 30, 1953, when the employee sustained another injury which was immediately followed by total disability, is liable to pay compensation.

The…