Thomas v. International Insurance Company

OPINION

JAMES, Justice.

This is a workmen’s compensation case, and is the second appeal to come to this court. The first appeal was made by Plaintiff Thomas wherein he was awarded a take-nothing judgment against Defendant Insurance Co. See Thomas v. International Insurance Co. (Waco Tex. CA 1974) 507 S.W.2d 286, no writ history, in which the judgment of the trial court was reversed and the cause remanded for trial on the merits. There we held that the jury findings to the efféct that Thomas had sustained no total incapacity and no partial incapacity following the injury in question were so…