Fusco v. Birdville Independent School District

McCLOUD, Chief Justice.

Albert J. Fusco sued his employer, Bird-ville Independent School District, a self-insurer, for worker’s compensation benefits. Fusco alleged that he suffered a compensa-ble hernia on or about October 13, 1976. The jury found in Special Issue 1 that Fus-co received an injury on or about October 13,1976 that resulted in a hernia, but failed to find in Special Issue 3 that the hernia appeared suddenly and immediately following the injury. Because of conditional sub*649missions, the jury did not answer Special Issues 4 and 5 which asked if the hernia existed in any degree…