Texas Employers' Insurance Ass'n v. Thornton

OPINION

SPURLOCK, Justice.

This is a workmen’s compensation case. The jury found that plaintiff was totally and permanently disabled as a result of an accident. The insurance carrier asserts there was no evidence or the evidence was factually insufficient to support the jury’s finding that the duration of plaintiff’s incapacity is permanent. By way of cross point, plaintiff moves this court to assess an additional ten percent damages against the insurance carrier for a frivolous, delay-only appeal pursuant to Rules 435 and 438, Tex. R.Civ.P.

We affirm and add ten percent damages pursuant to…