Clem v. Dallas Independent School District

GREENHILL, Chief Justice.

Clem brought this suit for workmen’s compensation benefits because of his having suffered a herma on the job. Article 8306, section 12b provides compensation for 26 weeks “from the date of the operation.”1 The problem is whether Clem is entitled, under the circumstances, to compensation for a period of over a year before the successful operation.

The trial court held that Clem was not entitled to compensation during the 57 weeks before the surgery, during which period he was totally disabled. The court of civil appeals, by a divided court, affirmed. 593 S.W.2d 347. We…