Legal Opinion
Second Injury Fund v. Tomon
Court of Appeals of Texas
Decided March 25, 1993No. C14-92-00291-CVPublishedCited by 3 opinions
1Opinion of the Court
OPINION
CANNON, Justice.
The State’s Second Injury Fund appeals from a judgment ordering the Fund to pay John Wayne Tomon the sum of $128,-435.52, representing a lump sum payment of lifetime benefits at a stipulated compensation rate. The Fund brings five points of error essentially claiming (1) there can be no recovery from the Fund absent a finding that Tomon suffered a total loss of use of a body part before the “second” injury of May 23, 1986, and (2) Tomon is not entitled to lifetime benefits or the payment of such benefits in a lump sum. We reverse.
Appellee John Wayne Tomon fell and…
2Cases cited18 opinions
- State Department of Highways & Public Transportation v. PayneTexas Supreme Court · 1992
- St. Paul Fire & Marine Insurance Co. v. MurphreeTexas Supreme Court · 1962
- Miears v. Industrial Accident BoardTexas Supreme Court · 1950
- Texas Employers Insurance Association v. MotleyTexas Supreme Court · 1973
- Second Injury Fund v. KeatonTexas Supreme Court · 1961
13 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- SECOND INJURY FUND OF STATE v. Avon, Texas Court of Appeals, 11th District (Eastland)1998
- Second Injury Fund of Texas v. Garcia, Texas Court of Appeals, 7th District (Amarillo)1998
- Subsequent Injury Fund of the State of Texas (Formerly the "Second Injury Fund") v. Larry Milligan, Texas Court of Appeals, 10th District (Waco)1994