Texas Employers' Insurance Ass'n v. Shelton

CHAPMAN, Justice.

This is a workman’s compensation case. The basis of the suit was an allegation for injury to claimant’s chest, upper abdomen, esophagus, stomach and diaphragm with a herniation of a portion of the cardiac end of the stomach through the esophageal hiatus. The case was submitted in the District Court on the question of injury to appellee Henry Shelton’s diaphragm sustained in the course of his employment.

While the case was pending before the Industrial Accident Board, appellant, Texas Employers’ Insurance Association filed an instrument addressed to the Board suggesting surgery…