Marshall v. Aetna Insurance Co.

AYRES, Judge.

By this action plaintiff sought to recover, of his .employer’s insurer, workmen’s compensation .at the maximum statutory rate for total and permanent disability, as well as statutory penalties and attorney’s fees, less compensation previously paid. To plaintiff’s demands, defendant filed and successfully urged a plea of prematurity. From a judgment of dismissal of his action, predicated upon that ruling, plaintiff prosecutes this appeal.

The material facts upon which the plea of prematurity was predicated are uncon-tradicted. Plaintiff sustained an injury to his back on October…