Lewis v. American Surety Co.

Mr. Judge Hickman,

of the Commission of Appeals, delivered the opinion for the Court.

The basis of this suit is a claim for hernia under the Workmen’s Compensation Law. The respondent did not provide a surgical operation for the petitioner, and recovery in the trial court was for a general injury. If respondent owed the duty to provide such operation, compensation was measured on the correct basis. Tally v. Texas Emp. Ins. Ass’n., 129 Texas 134, 102 S. W. (2d) 180; National Mutual Casualty Co. v. Lowery, 136 Texas 188, 148 S. W. 1089, and Federal Underwriters Exchange v. Thompson, 136 Texas…