Northern Assurance Co. v. Gutierrez

OPINION

FULLER, Justice.

In a worker’s compensation case, the trial court disregarded certain jury findings and entered judgment for Appellee for total and permanent benefits. We reverse the judgment of the trial court and remand the case with instructions to enter judgment for Appellee for twenty-six weeks of compensation as provided by Tex.Rev.Civ. Stat.Ann. art. 8306, sec. 12b (Vernon 1967).

Appellee had previously undergone surgery for the removal of his gall bladder and appendix which required an incision in the abdominal area. Thereafter, on May 13, 1983, while carrying a washing machine,…