Texas General Indemnity Co. v. McKay

OPINION

McDONALD, Chief Justice.

This is an appeal by defendant Indemnity Company from refusal of the trial court to grant it a new trial, after rendering a default judgment against it for total permanent disability in a workers’ compensation case.

Plaintiff McKay sued defendant to set aside an award of the Industrial Accident Board. Defendant filed an answer, but did not appear on the date the case was set for trial. Plaintiff proceeded to trial at the conclusion of which the court on June 21, 1979, set aside the award of the Board and rendered judgment for plaintiff for $38,-380.18 (total and…