Texas Employers' Insurance Ass'n v. Olivarez

OPINION

BUTTS, Justice.

This is a workers’ compensation case. Texas Employers’ Insurance Association sued Antonio Olivarez to set aside the award of the Industrial Accident Board. TEX.REV.CIV.STAT.ANN. art. 8307, § 5 (Vernon Supp.1985). Olivarez answered and became cross-plaintiff. After a judgment favorable to Olivarez, TEIA appeals, urging one point of error. We reverse and remand.

The controlling question is whether the trial court’s charge to the jury failed to place on Olivarez the burden of proving the duration of total incapacity as the result of his injury. The corollary question is…