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FUSCO v. BIRDVILLE INDEPENDENT SCH. DIST.

No. 5535.

609 S.W.2d 648 (1980)

Albert J. FUSCO, Appellant, v. BIRDVILLE INDEPENDENT SCHOOL DISTRICT, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied December 31, 1980.

Attorney(s) appearing for the Case

Charles D. Yarborough, Bedford, for appellant.

Roy B. Johnson, Fillmore & Camp, Fort Worth, for appellee.

McCLOUD, Chief Justice.

Albert J. Fusco sued his employer, Birdville Independent School District, a self-insurer, for worker's compensation benefits. Fusco alleged that he suffered a compensable hernia on or about October 13, 1976. The jury found in Special Issue 1 that Fusco received an injury on or about October 13, 1976 that resulted in a hernia, but failed to find in Special Issue 3 that the hernia appeared suddenly and immediately following the injury. Because...

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