Lumbermens Mutual Casualty Co. v. Martinez

OPINION

ARNOT, Justice.

At trial, a de novo appeal from an award by the Industrial Accident Board, Eugenio Martinez sued to recover for injuries sustained while working for B & M Service Company. The jury found that Martinez was totally and permanently incapacitated as a result of his injuries and that a prior compensable injury contributed 50 percent to his present incapacity. The trial court, disregarding the jury’s finding that the pri- or injury contributed 50 percent to the ap-pellee’s present incapacity, entered judgment for total and permanent benefits. Lumbermens Mutual Casualty…