NEW & HUGHES DRILLING COMPANY v. SMITH

No. 45170.

219 So.2d 657 (1969)

NEW & HUGHES DRILLING COMPANY and Bituminous Casualty Corporation, Appellants, Cross-Appellees, v. Paul Dean SMITH, Appellee, Cross-Appellant.

Supreme Court of Mississippi.

Rehearing Denied March 10, 1969.


Attorney(s) appearing for the Case

Daniel, Coker, Horton & Bell, James L. Garner, Jr., Alben N. Hopkins, Jackson, for appellant.

Zuccaro, Wood & Pintard, Clyde W. Mullins, Natchez, for appellee.


BRADY, Justice:

This is an appeal from a decision of the Circuit Court of Adams County which affirmed the order of the attorney referee and the Workmen's Compensation Commission granting claimant, Paul Dean Smith, permanent and total disability with a 60% reduction based on the material contribution to the injury of a preexisting arteriosclerotic heart disease. The claimant cross-appeals alleging that he is entitled to a 10% penalty under Mississippi Code 1942 Annotated...

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