Smith v. Louisiana Mud Co.

LEAR, Judge.

This is a workmen’s compensation suit involving only the issue of whether the plaintiff proved disability by a preponderance of the evidence.

The record indicates that on or about January 20, 1978, plaintiff was riding in a truck owned by his employer. He was seated on a board between the seats when the truck hit a bump at a railroad crossing, causing plaintiff to fall backwards, allegedly injuring his back.

The defendant paid compensation for twelve weeks and then terminated it. On January 19, 1979, plaintiff filed suit, asking for benefits for total and permanent disability,…