Welch v. Texas Employers' Insurance Ass'n

RALEIGH BROWN, Justice.

This is a worker’s compensation death case. Betty Jo Welch sought benefits for the death of her son, Alan Wayne Welch, who was found drowned in a “frac tank” containing crude oil. The jury found that Alan Welch was not in the course and scope of his employment as a derrick man with Jolley Well Service at the time of his death. A take-nothing judgment was entered. Mrs. Welch appeals. We reverse and remand.

Mrs. Welch urges that the trial court erred in admitting the testimony of Kenny Barnes to the effect that Alan Wayne Welch had told him on a prior occasion that he had…