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INTERNATIONAL INS. CO. v. ARCHULETA

No. 7084.

641 S.W.2d 295 (1982)

INTERNATIONAL INSURANCE COMPANY, Appellant, v. Aurora F. ARCHULETA, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Denied August 25, 1982.

Attorney(s) appearing for the Case

Scott, Hulse, Marshall, Feuille, Finger & Thurmond, George W. Finger, L. Randall Lee, Dennis L. Richard, El Paso, for appellant.

Malcolm McGregor, Philip T. Cole, El Paso, for appellee.

OPINION

WARD, Justice.

This appeal is from a judgment based upon a jury verdict awarding permanent partial benefits in a worker's compensation case. Because of the failure of the pleadings to raise the issue of partial incapacity, we reverse and remand for a new trial.

Aurora Archuleta was working in the restaurant at the El Paso Auto-Truck Stop on August 10, 1977, when she slipped in some water and fell with her right knee folded underneath her...

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