Legal Opinion

Mathis v. Ohio Casualty Insurance Co.

Court of Appeals of Texas

Decided August 9, 1983No. 9164Published

1Opinion of the Court

BLEIL, Justice.

Carolyn Mathis appeals from a judgment on a verdict finding temporary total disability in her workers’ compensation case. She maintains that the trial court erred in the wording of an instruction concerning the defense of unjustifiable refusal to accept employment. Specifically, she says that the instruction, when read with that of total incapacity, confused the jury and further that insufficient evidence supported the giving of the instruction. We disagree and affirm the trial court’s judgment.

The parties agree that the court properly explained the term total incapacity to the…

2Cases cited2 opinions

  1. Houston National Bank v. BiberCourt of Appeals of Texas · 1981
  2. Hogge v. KimbrowCourt of Appeals of Texas · 1982

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