Fireman's Fund Insurance Company v. Martinez

This is an action brought under the Texas Workmen’s Compensation Act, Article 8306, Vernon’s Ann.Civ.St. The appellee, plaintiff below, alleged that he sustained total, and permanent injuries while employed by Mucole Incorporated as a trash collector on the Fort Hood Military Reservation in August of 1963. The injury was to appellee’s back and was caused by lifting a trash can filled with litter weighing some fifty to eighty pounds.

Appellee duly filed his claim and perfected his appeal from the award of the Industrial Accident Board to the District Court. At the conclusion of the trial,…