National Surety Corporation v. Mrs. Ollie Bellah, and Husband, W. F. Bellah

JOHN R. BROWN, Circuit Judge.

This appeal from a judgment on a jury verdict for total permanent compensation benefits under the Texas Act presents the age-old, constantly recurring problem, Rodriquez v. Great American Indemnity Co., 5 Cir., 1957, 244 F.2d 484, of whether the facts meet the essential dualism of art. 8309 that the injury (1) originate in the work, business, trade or profession and (2) be received while engaged in the furtherance of the employer’s business. 1 An added, substantial question arises whether art. 8306, Sec. 12e, concerning the procedure for surgical operations shall…