Texas Employers' Insurance Ass'n v. Percell

REYNOLDS, Chief Justice.

Texas Employers’ Insurance Association appeals from a judgment decreeing that Mary E. Percell recover benefits for total and permanent incapacity. By assuming the fact of Mrs. Percell’s injury in some special issues to which T.E.I.A. objected, the court’s jury charge constituted an impermissible comment on the weight of the evidence. Reversed and remanded. Mrs. Percell sought workers’ compensation benefits for an injury sustained on 9 July 1977 during the course of her employment. The parties agree that, under this record, the questions of her injury and the nature and…