Lowe v. St. Paul Mercury Insurance Co.

OPINION

BURGESS, Justice.

This is an appeal from the granting of a “Plea in Abatement.” John Lowe, Jr., received an on-the-job injury in October 1983. This resulted in a final judgment awarding certain workers’ compensation benefits, including future medical treatment. After the judgment, Lowe incurred additional medical expenses. He claimed these expenses were for the treatments of the effects of the original injury, but the carrier refused to pay the medical bills. Lowe filed suit in district court to recover the medical expenses.

The carrier filed a “Motion to Dismiss” and a “Plea in…