Director, State Employees Workers' Compensation Division v. Evans

The dispositive issue presented in this workers’' compensation case is whether the trial court abused its discretion in refusing to set aside a default judgment and grant a motion for new trial. Specifically at issue is whether a movant is required to introduce evidence at the hearing on its motion for new trial in order to satisfy the test in Craddock v. Sunshine Bus Lines, Inc., 134 Tex. 388, 133 S.W.2d 124 (1939), when the movant has attached affidavits in support of its motion. 1 The trial court, without the State being present, proceeded to trial and found the worker totally and…