119 So. 409 | La. | 1928
Plaintiff was in the employ of Caldwell Co., contractors, as a helper to bricklayers. Whilst in the performance of his duties he was jammed and crushed between an elevator and a piece of timber, so that his back was seriously injured and stiffened, and he can no longer perform any kind of physical labor, or earn a living.
Caldwell Co. carried employers' liability insurance in the defendant company, and plaintiff brings this suit directly against the insurance company, for the compensation due him under the workmen's compensation statute (Act 20 of 1914, as amended from time to time), to wit, for $9.75 per week for 400 weeks, as in case of permanent total disability.
The only defense seriously urged by the defendant herein is that no direct action lies upon an insurance policy issued to an employer under the provisions of the workmen's compensation statute aforesaid, unless for an amount awarded or agreed uponbetween the employer and the employee; and reliance is placed upon section 23 of said statute.
In Wyatt v. Finley et al., our No. 29415 (La. Sup.)
The trial judge gave plaintiff a judgment as prayed for; and for the reasons above given we think the Court of Appeal erred in reversing his judgment.