Yeldell v. Holiday Hills Retirement and Nursing Center, Inc.

WALLACE, Justice.

This is an appeal from a damage award against a non-subscriber employer. The court of appeals reversed the trial court judgment in favor of Yeldell and remanded the cause for a new trial. 686 S.W.2d 770. We reverse the judgment of the court of appeals and affirm the judgment of the trial court.

Bertha Yeldell, a licensed vocational nurse, was working as a charge nurse for Holiday Hills Retirement and Nursing Center, Inc., a non-subscriber under the workers’ compensation statute, TEX.REV.CIV. STAT.ANN. art. 8306, sec. 1, subsections 1-4 (Vernon 1967). During Yeldell’s regular…