Texas Employers' Insurance Ass'n v. Marshall

GRISSOM, Chief Justice.

L. T. Marshall was accidentally injured and, in this workman’s compensation case, he sought and obtained judgment, based on the jury’s findings, that his injury caused total permanent incapacity. The insurance company has appealed.

Appellant’s points are, in substance, that the court erred in holding: (1) that Dr. O’Loughlin was not required to state his medical findings and conclusions to the jury, because such testimony was privileged by virtue of Federal Statute, 42 U. S.C.A., Section 1306; (2) that the doctor’s testimony was privileged, because he was not an employee…