Texas Employers' Insurance Ass'n v. Smith

CORNELIUS, Chief Justice.

Texas Employers’ Insurance Association brought this suit to set aside a worker’s compensation award rendered by the Industrial Accident Board in favor of Milton Carl Smith. Texas Employers’ sought to avoid liability on the ground that Smith’s disability was caused solely by pre-existing conditions, diseases and other problems not related to his employment, and also that he had suffered a prior compensable injury which caused or contributed to his disability. In response to special issues, the jury found that Smith was injured on March 9, 1977, while in the course of…