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SELECT INS. CO. v. BOUCHER

No. B-6767.

561 S.W.2d 474 (1978)

SELECT INSURANCE COMPANY, Petitioner, v. Thomas Earl BOUCHER, Respondent.

Supreme Court of Texas.

February 8, 1978.

Attorney(s) appearing for the Case

Mike Phillips, Robert G. Taylor, II, and Susan E. Crowley, Houston, for petitioner.

Gerald H. Buttrill, Miller, Gann & Perdue, Houston, for respondent.

SAM D. JOHNSON, Justice.

This case presents the question of proper submission to the jury of a workmen's compensation1 cause of action under Rules 277 and 279 of the Texas Rules of Civil Procedure. Thomas Boucher sought workmen's compensation solely under the theory of total incapacity. Select Insurance Company pleaded partial incapacity as a defense. The trial court submitted only the issues concerning total incapacity and refused to...

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