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LUMBERMENS MUT. CAS. CO. v. MARTINEZ

No. 11-87-268-CV.

763 S.W.2d 621 (1989)

LUMBERMENS MUTUAL CASUALTY COMPANY, Appellant, v. Eugenio MARTINEZ, Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Denied January 12, 1989.

Attorney(s) appearing for the Case

J. Patrick Gallagher, K. Marvin Adams, Fillmore, Herrick & Harrington, Fort Worth, for appellant.

Bob Hanna, Hanna, Bentley & Hanna, Jack Yates, Abilene, for appellee.

OPINION

ARNOT, Justice.

At trial, a de novo appeal from an award by the Industrial Accident Board, Eugenio Martinez sued to recover for injuries sustained while working for B & M Service Company. The jury found that Martinez was totally and permanently incapacitated as a result of his injuries and that a prior compensable injury contributed 50 percent to his present incapacity. The trial court, disregarding the jury's finding that the prior injury contributed...

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