TRANSPORT INSURANCE COMPANY v. MABRA

No. B-3181.

487 S.W.2d 704 (1972)

TRANSPORT INSURANCE COMPANY, Petitioner, v. Paul W. MABRA, Respondent.

Supreme Court of Texas.

October 18, 1972.


Attorney(s) appearing for the Case

Jackson, Walker, Winstead, Cantwell & Miller, Jack Pew, Jr., Dallas, for petitioner.

Mullinax, Wells, Mauzy & Babb, James C. Barber, Dallas, for respondent.


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...

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