City of San Antonio Ex Rel. City Public Service Board v. Miranda

OPINION

TIJERINA, Justice.

This is an appeal from a judgment in a worker’s compensation case. Appellant, a self-insured city, filed suit to set aside the award of the Industrial Accident Board and appellee counter-claimed for worker’s compensation benefits. The jury found that appellee was totally and permanently incapacitated, awarding compensation in the sum of $35,757.08. Appellant’s motion for judgment notwithstanding the verdict and motion for new trial were overruled.

It is undisputed that appellee sustained an injury to his right shoulder on January 25, 1978, while in the course and scope…