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AMERICAN MOTORISTS INS. CO. v. LYNN

No. 08-88-00155-CV.

762 S.W.2d 229 (1988)

AMERICAN MOTORISTS INSURANCE COMPANY, Appellant, v. Billy R. LYNN, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Denied December 14, 1988.

Attorney(s) appearing for the Case

Connell Ashley, Joel B. Locke, Shafer, Davis, McCollum, Ashley, O'Leary & Stoker, Odessa, for appellant.

Ruff Ahders, Ruff Ahders, Associated Odessa, Michol O'Connor, Houston, for appellee.

Before OSBORN, C.J., and SCHULTE and FULLER, JJ.

OPINION

OSBORN, Chief Justice.

May a doctor who treated a worker's compensation claimant after a prior injury testify as to the percentage of incapacity a worker has which is attributable to the first injury in a case involving a subsequent injury when the doctor did not examine or treat the claimant after the second injury? We conclude that the answer is "yes", and the judgment of the trial court must be reversed because of the failure of the court to submit...

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