Federal Underwriters Exchange v. Woods

BROWN, Justice.

This is a workmen’s compensation suit, in which the injured employee recovered for total and permanent incapacity and was awarded a lump sum verdict.

That is what he sought to recover by his pleadings. He had no alternative plea for temporary total incapacity, and none for partial incapacity, permanent or temporary. The insurance carrier pleaded only a general denial.

We give this preliminary statement of the pleadings because the troublesome question of conditional or unconditional submission of issues arises in the case.

The first four propositions complain, in effect, of the…