Texas Indemnity Insurance v. Thibodeaux

MR. Judge Martin

delivered the opinion of the Commission of Appeals, Section B.

This is a Texas Workmen’s Compensation case, which reached this Court on certified questions.

Issues of both total and partial incapacity were supported by the pleadings and evidence. Total incapacity was submitted by issues 1, 2 and 3; No. 3 being as follows:

“Do you find, from the preponderance of the evidence, that such total incapacity of Nelson Thibodeaux to work and earn money, if any, is permanent?

“Answer Yes or No, as you find the facts to be.”

Immediately after the issue just quoted is the following language,…