Lumbermens Mutual Casualty Co. v. Garcia

OPINION

NYE, Chief Justice.

This is a worker’s compensation case. After a jury trial, appellee, Prajedes Garcia, was awarded compensation for total and permanent incapacity. By two points of error, appellant complains of the court’s refusal to submit a requested instruction and definition to the jury, and of the sufficiency of the evidence.

The appellee pleaded that the injuries caused total and permanent incapacity, or in the alternative, temporary total incapacity. The appellant pleaded that appellee’s incapacity, if any, was temporary and not permanent, and was partial and not total. The…