Blair v. INA of Texas

OPINION

UTTER, Justice.

Appellant brought suit to recover worker’s compensation benefits for disability resulting from a heart attack. Following a jury trial, the trial court entered judgment for appellee based upon the jury’s failure to find that appellant’s heart attack occurred in the course of employment. We reverse and remand.

In his two points of error, appellant challenges the legal and factual insufficiency of the evidence to support the following jury finding:

ISSUE NO. 2

Do you find from a preponderance of the evidence that Kenneth Blair’s heart attack was in the course of his employment…