Transport Insurance Company v. Mabra

GREENHILL, Chief Justice.

The problem in this workmen’s compensation case is whether the trial court properly diminished the claimant’s recovery because of jury findings that a prior injury had contributed 50% to his present incapacity. That in turn depends, as we view the case, upon whether (1) the insurance carrier waived that defense by its failure to request an issue as to whether the prior injury was compensable, and (2) whether there was any evidence to support a presumed finding by the trial court that the injury was compensable. The court of civil appeals reversed the judgment of the…