Whaley v. Transport Insurance Co.

DUNAGAN, Chief Justice.

After consideration of appellant’s motion for rehearing, we withdraw our earlier opinion delivered on November 3, 1977, and substitute this opinion in lieu thereof.

This is a workmen’s compensation case in which the appellant, Thomas A. Whaley, sought a finding of total and permanent loss of use of his left leg against the appel-lee, Transport Insurance Company. The jury returned the following answers to special issues:

1. Total loss of use of the left leg from October 21, 1974, until December 3, 1974.

2. Permanent partial loss of use of the left leg beginning on December…