[Download] "Transport Insurance Company v. Paul W. Mabra" by Court of Criminal Appeals of Texas ~ Book PDF Kindle ePub Free
eBook details
- Title: Transport Insurance Company v. Paul W. Mabra
- Author : Court of Criminal Appeals of Texas
- Release Date : January 18, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
The problem in this workmens compensation case is whether the trial court properly diminished the claimants recovery because of jury findings that a prior injury had contributed 50 percents to his present incapacity. That in turn depends, as we view the case, upon whether (1) the insurance carrier waived that defense by its failure to request an issue as to whether the prior injury was compensable, and (2) whether there was any evidence to support a presumed finding by the trial court that the injury was compensable. The court of civil appeals reversed the judgment of the trial court because it was of the view that there was no evidence that the previous injury was compensable under the workmens compensation law. 474 S.W.2d 627. We disagree with that courts judgment and accordingly reverse. We affirm the judgment of the trial court.