Everett v. Kennedy

Mississippi Supreme Court
Everett v. Kennedy, 210 So. 2d 767 (Miss. 1968)
1968 Miss. LEXIS 1515
Brady, Gillespie, Jones, Patterson, Robertson

Everett v. Kennedy

Opinion of the Court

GILLESPIE, Presiding Justice:

The Workmen’s Compensation Commission awarded appellee temporary total benefits. The issues are essentially factual and we hold that the Workmen’s Compensation Commission’s order is supported by substantial evidence. We therefore affirm the order of the circuit court affirming the Commission’s order. The case is remanded to the Commission for further evaluation as provided in the Commission’s order.

The motion for attorney’s fees is sustained for 25 percent of the recovery as provided in the contract between claimant and his attorney. Interest and statutory damages of 5 percent as provided by statute for unsuccessful appeals, and the mandatory penalty provided for in the Workmen’s Compensation Act, are allowed.

Affirmed and remanded.

JONES, BRADY, PATTERSON, and ROBERTSON, JJ., concur.

Reference

Full Case Name
R. L. EVERETT, R. L. Everett & Co., and Travelers Insurance Company v. Howard KENNEDY
Status
Published