Aetna Casualty & Surety Co. v. Orgon

EARL W. SMITH, Justice.

Aetna Casualty & Surety Company initiated this lawsuit, seeking to set aside a worker’s compensation award made by the Industrial Accident Board to Andrew E. Orgon. After a bench trial, the trial court rendered judgment upholding the award. In two points of error, Aetna argues that the undisputed evidence shows that Orgon was not, as a matter of law, in the course of his employment at the time he was injured. Finding no merit in Aetna’s argument, we will affirm the judgment of the trial court.

The only evidence at trial was Orgon’s deposition, in which he related that at…