Peeples v. Home Indemnity Co.

617 S.W.2d 274, 1981 Tex. App. LEXIS 3502
CourtCourt of Appeals of Texas
DecidedApril 8, 1981
Docket16463
StatusPublished
Cited by7 cases

This text of 617 S.W.2d 274 (Peeples v. Home Indemnity Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Peeples v. Home Indemnity Co., 617 S.W.2d 274, 1981 Tex. App. LEXIS 3502 (Tex. Ct. App. 1981).

Opinion

*275 OPINION

KLINGEMAN, Justice.

This case involves a claim under the Workers’ Compensation Act by an injured worker for psychiatric treatment rendered him which was allegedly a reasonable and necessary medical expense arising from an injury to his knee. Billy R. Peeples, the claimant and appellant here, suffered an injury to his knee in the course of his employment with Friedrich Refrigeration. He brought a claim against Home Indemnity Company, the carrier for appellant, for compensation for his injury and for reasonable and necessary medical expenses. Home Indemnity brought this suit to set aside the award of the Industrial Accident Board and Peeples filed a cross-action for a lump sum for his injury and for reasonable and necessary hospital, medical and doctor expenses. Trial was to a jury who awarded appellant workers’ compensation but refused to make an award for the psychiatric treatment here involved.

This appeal is limited to the trial court’s failure to admit certain testimony pertaining to the reasonableness and necessity of the psychiatric treatment, and to the jury’s answers to special issues regarding the reasonableness and necessity of such psychiatric treatment. The jury found that the psychiatric treatment here involved was not reasonably required as a result of the leg injury and as a consequence of such finding, did not answer the special issue inquiring as to the reasonable costs for such medical care. This appeal does not involve the award of workers’ compensation made to the claimant.

After Peeples’ injury, he was diagnosed and treated by Dr. Lorence W. Trick, an orthopedic surgeon who ultimately performed surgery on the injured knee. Dr. Trick treated Peeples for some period of time and testified as to the nature and extent of the injury and of his treatment in connection therewith. The psychiatrist’s treatment here involved was rendered by Dr. George Schlagenhauf after Peeples had been referred to him by Dr. Trick. Dr. Schlagenhauf testified in some detail as to his treatment, but portions of his testimony were excluded by the trial court after an objection by appellee. This testimony is in the record by a bill of exceptions.

In its points of error, appellant complains that (a) the trial court erred in excluding the proffered testimony of Dr. Schlagen-hauf relating to the nature of the treatment of appellant in order that the jury could understand the reasonableness and necessity of such treatment, and (b) the jury’s finding that the medical care by Dr. Schlagenhauf was not reasonably required as the result of claimant’s injury is either supported by no evidence, or factually insufficient evidence, or such was against the great weight and preponderance of the evidence. We have concluded that (a) the trial court erred in not admitting the objected to testimony of Dr. Schlagenhauf and (b) the jury’s answer to special issue number thirteen 1 is against the great weight and preponderance of the evidence. We reverse and remand the case here on appeal for a new trial.

Appellee contends that Dr. Schlagen-hauf’s testimony was properly excluded because it was not supported by the pleadings. Appellant argues that the excluded testimony of Dr. Schlagenhauf was necessary, not to recover for psychiatric injuries, but to establish the necessary nature of the treatment and its natural relationship to appellant’s loss of the use of his leg.

The Workers’ Compensation law provides that all medical services reasonably required to cure and relieve from the effects naturally resulting from an injury shall be furnished. Tex.Rev.Civ.Stat.Ann. art. 8306, § 7 (Vernon Supp. 1980-1981); Hartford Accident & Indemnity Co. v. Thurmond, 527 S.W.2d 180 (Tex.Civ.App.—Corpus Christi 1975, writ ref’d n. r. e.). The claimant’s right to recover for physician and hospital bills paid is dependent on a showing that they were reasonable and nec *276 essary. See Select Insurance Co. v. Patton, 506 S.W.2d 677 (Tex.Civ.App.—Amarillo 1974, writ ref’d n. r. e.); Aetna Casualty Insurance & Surety Co. v. Jennusa, 469 S.W.2d 423 (Tex.Civ.App.—Beaumont 1971, no writ); Bituminous Casualty Co. v. Whitaker, 356 S.W.2d 835 (Tex.Civ.App.—Eastland 1962, no writ); 63 Tex.Jur.2d 178, Workmen’s Compensation (1965).

During Dr. Schlagenhauf’s testimony as to the nature and extent of his psychiatric treatment of Peeples, counsel for appellant attempted to question Dr. Schlagen-hauf as to his diagnosis after the psychiatric examination. Appellee objected to such testimony on the basis that there were no pleadings to support this type of testimony. Such objection was sustained by the trial court;

Appellant had the right to present evidence as to the reasonableness and necessity of medical treatment, including psychiatric treatment. The record clearly shows that appellant stated this was the reason for the offer of Dr. Schlagenhauf’s excluded testimony. Appellee’s objection to such testimony that there were no pleadings to support such testimony is unwarranted. The pleadings specifically seek recovery of necessary medical and hospital expenses in connection with the injury. The appellant was not attempting to recover for an unpleaded psychiatric injury as appellee urges but was attempting to recover reasonable and necessary expenses in connection with the injury to the knee, which was pleaded. The trial court erred in excluding the objected to testimony. 2

Appellant’s other points of error complain of insufficiency of the evidence to support the jury’s answer to special issue number thirteen. In determining “no evidence” points of error, we must consider only the evidence favorable to the answer to the special issue and disregard all evidence which is adverse to the favorable finding. Renfro Drug Co. v. Lewis, 149 Tex. 507, 235 S.W.2d 609 (1950). In determining insufficient evidence assignments we will consider and weigh all of the evidence, both supporting and contrary to the verdict, and sustain the challenge if the verdict is so against the great weight and preponderance of the evidence as to be manifestly unjust, even though there is some evidence of probative force in support of the verdict. In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951); Select Insurance Co. v. Patton, supra; King v. Aetna Casualty & Surety Co., 405 S.W.2d 111 (Tex.Civ.App.—Beaumont 1966, no writ).

Dr. Schlagenhauf testified that appellant was referred to him by Dr. Trick for psychiatric treatment. He testified that he did not make a physical examination of Peeples but performed a psychiatric exam.

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617 S.W.2d 274, 1981 Tex. App. LEXIS 3502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peeples-v-home-indemnity-co-texapp-1981.