Texas Employers' Insurance Ass'n v. Parra

OPINION

WOODARD, Justice.

This is an appeal from a worker’s compensation judgment ordering a $152.25 per week payment for life, based upon a jury finding of total and permanent loss of use of both legs of the Claimant/Appellee. We affirm in part, and reverse and remand in part.

Point of Error No. One alleges error because of the variance between Appellee’s administrative claim and his appeal from the award of the Industrial Accident Board (IAB).

There must be an identity of the injury or condition presented to the IAB and that asserted in the district court. Treybig v. Home Indemnity Company, 632…