Indemnity Insurance Co. of North America v. Nollkamper

BELL, Chief Justice.

The appellee recovered judgment against appellant in a workmen’s compensation case for sixty four weeks of total disability, followed by permanent partial disability.

The injury was to appellee’s back. Previously he had received a noncompensable injury to the back. The noncompensable injury and the injury here involved were both to the intervertebral disc at the L 4 and L 5 level. Also the last injury was to the thoracic spine according to some evidence.

*309The jury, in answer to Special Issue No. IS, found that the incapacity suffered by appellee was contributed to by the…