Liberty Mutual Fire Insurance Co. v. Applewhite

OPINION

WARD, Justice.

This is a workers’ compensation case tried before a jury and resulting in a judgment for Appellee, Dever Lee Applewhite, against Appellant, Liberty Mutual Fire Insurance Company, for total and permanent incapacity. Appellant has appealed, complaining that the evidence is factually insufficient to support the jury’s award. We will reverse and remand for a new trial.

The Appellant’s two “insufficiency of the evidence” points require this Court to examine the whole record to determine whether the evidence supports the jury findings. In this regard, we have a comparatively…