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In the Matter of the Claim of LOUIS WIGGINS, Respondent, against WEST SIDE IRON WORKS et al., Respondents, and YORKSHIRE INDEMNITY COMPANY, Appellant. WORKMEN'S COMPENSATION BOARD, Respondent.

The employer in this case was engaged in operating an iron works. While working for his employer, the claimant on March 1, 1948, fell sustaining, among other injuries, a sprain of the right ankle and a low back sprain. As a result of these injuries he was disabled from March 1, 1948, to April 8, 1948. For that period of disability he was paid compensation benefits by respondent, Zurich General Accident and Liability Insurance Company, Ltd., the insurance carrier for the employer at that time. On December 16, 1948, claimant met with another accident while working for his employer in which he again hurt his back in the same place. The board found that the accident sustained by the claimant on the latter date was both a consequence of the accident sustained by him on March 1, 1948, and also a new accident. As a result, the board awarded compensation payments to claimant on the basis of total disability up to June 6, 1949, and partial disability from June 6, 1949, to August 14, 1950, 50% to be paid by Zurich General Accident and Liability Insurance Company, Ltd., and 50% by Yorkshire Indemnity Company. The evidence sustains the finding of the board. Decision and award unanimously affirmed, with costs to the employer and its insurance carrier, Zurich General Accident and Liability Insurance Company, Ltd.

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MATTER OF WIGGINS v. WEST SIDE IRON WORKS
(May 14, 1952)