Truck Insurance Exchange v. Seelbach

In this suit brought by respondent, Charles Seelbach, under the Workmen’s Compensation Act, insurer raises the question as to whether or not medical testimony asserting the beneficial effects of surgery is admissible in the trial court on appeal where the insurer did not admit liability, where no operation was tendered or requested in the proceedings before the Industrial Accident Board, and where no surgery was indicated prior to the rendition of the final award by the Board.

The trial court’s ruling in excluding that testimony was approved on appeal. 328 S.W. 2d 346. We have concluded that…