ATLAS GEN'L IND. v. PHIPPIN

[No. 373, September Term, 1963.]

236 Md. 81 (1964)

202 A.2d 767

ATLAS GENERAL INDUSTRIES, INC., ET AL. v. PHIPPIN

Court of Appeals of Maryland.

Decided July 24, 1964.


Attorney(s) appearing for the Case

Gilbert A. Hoffman and A. Douglas Owens, with whom was Eugene A. Edgett, Jr. on the brief, for appellants.

Morton J. Owrutsky and Herman E. Perdue for appellee.

The cause was argued before BRUNE, C.J., and HAMMOND, PRESCOTT and HORNEY, JJ., and RUTLEDGE, J., Associate Judge of the Fourth Judicial Circuit, specially assigned.


BRUNE, C.J., delivered the opinion of the Court.

This is an appeal by the employer and insurer from a judgment of the Circuit Court for Somerset County confirming the findings and order of the Workmen's Compensation Commission awarding the claimant, Phippin, compensation for permanent total disability, without apportionment of disability to any pre-existing disease or infirmity.

There is no dispute about the fact that on February 8, 1961, the claimant, while...

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