Hawkins v. Texas Employers' Insurance Ass'n

CHAPMAN, Justice.

This is an appeal by claimant below, L. D. Hawkins, from a judgment for Texas Employers’ Insurance Association based upon a jury verdict.

All emphases shown herein are ours.

Appellant went to trial upon pleadings alleging total and permanent incapacity as a result of an alleged ruptured interverte-*789hral disc in the lumbar area of the back while in the course of his employment in Hutchinson County by M. W. Kellogg Company.

In response to the special issues submitted, the jury found appellant suffered total incapacity beginning upon the day of the injury, October 4, 1960; that such…