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EMPLOYERS COMMERCIAL UNION INS. CO. v. SCHMIDT

No. 4666.

509 S.W.2d 398 (1974)

EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY, Appellant, v. Mary Ellen SCHMIDT, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied May 17, 1974.

Attorney(s) appearing for the Case

Robert D. Batjer, Jr., Pope, Dickenson, Batjer, Glandon & Baker, Abilene, for appellant.

Bob R. Hanna, Schulz, Hanna & Burke, Abilene, for appellee.

RALEIGH BROWN, Justice.

This is a workmen's compensation case. Trial before a jury resulted in a judgment awarding Mary Ellen Schmidt total and permanent disability benefits. Employers Commercial Union Insurance Company, the insurance carrier appeals.

The disabling condition of Mary Ellen Schmidt was diagnosed as a chronic myositis or trapezius syndrome. It was the opinion of her doctor that the condition probably resulted from the position in which she worked...

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