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Everett v. Kennedy

Supreme Court of Mississippi
May 20, 1968
210 So. 2d 767 (Miss. 1968)

Opinion

No. 44923.

May 20, 1968.

Appeal from The Circuit Court, Simpson County, Joe A. McFarland, Jr., J.

Daniel, Coker, Horton Bell, Melvin B. Bishop, Jackson, for appellants.

George G. Williamson, A.K. Edwards, Mendenhall, for appellee.


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.


Summaries of

Everett v. Kennedy

Supreme Court of Mississippi
May 20, 1968
210 So. 2d 767 (Miss. 1968)
Case details for

Everett v. Kennedy

Case Details

Full title:R.L. EVERETT, R.L. Everett Co., and Travelers Insurance Company v. Howard…

Court:Supreme Court of Mississippi

Date published: May 20, 1968

Citations

210 So. 2d 767 (Miss. 1968)