Stone v. TEXAS EMPLOYERS'INSURANCE ASSOCIATION

The judgment of the trial court awarding petitioner, Stone, workmen’s compensation for total and permanent disability has been reversed and remanded by the Court of Civil Appeals (with dissent) for refusal of the trial judge to submit unconditionally the issue of partial incapacity. 266 S.W. 2d 902.

The following issues among others were submitted:

1. “Do you find from a preponderance of the evidence the total incapacity of Everett C. Stone will be ‘permanent’ or ‘temporary’ ?

“If you have answered the foregoing question ‘temporary’ then answer the following question, otherwise do not answer the…