Texas Employers Insurance Ass'n v. Wilson

513 S.W.2d 892, 1974 Tex. App. LEXIS 2561
CourtCourt of Appeals of Texas
DecidedAugust 22, 1974
DocketNo. 8444
StatusPublished
Cited by1 cases

This text of 513 S.W.2d 892 (Texas Employers Insurance Ass'n v. Wilson) 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
Texas Employers Insurance Ass'n v. Wilson, 513 S.W.2d 892, 1974 Tex. App. LEXIS 2561 (Tex. Ct. App. 1974).

Opinion

ELLIS, Chief Justice.

In this workman’s compensation case, the plaintiff, R. L. Wilson, who had lost his right eye in the course of his employment sought recovery for total and permanent disability on the theory that his health generally has been affected. The trial court awarded a judgment against the defendant, Texas Employers Insurance Association, for a general injury resulting in temporary total disability for 85 weeks and permanent partial disability. Reversed and remanded.

Plaintiff, while working as a driller on an oil rig, was struck in the right eyeball by half a link of chain. The injury re-[894]*894suited in surgery to remove the eye. Defendant admits a specific injury and liability for 100 weeks under Article 8306, Section 12, Vernon’s Ann.Civ.St. However, plaintiff alleged in his amended original petition that the trauma, the surgery and resulting nervousness has been such that he has developed a traumatic neurosis which has affected his general health and this affection of his general health was brought about by the injury and its effects extending to his body as a whole. Defendant answered by alleging that plaintiff’s disability, if any, is limited solely to his right eye and that any disability is caused solely by his use or attempted use of his right eye. The case was tried before a jury and submitted upon twelve special issues.

In response to the special issues submitted, the jury found: (1) plaintiff’s disability is not limited solely to the loss of his right eye; (2) the damage or harm resulting from the injury did not extend to and affect the plaintiff’s body generally; (3) plaintiff did not sustain any total disability; (4) the extension of the damage or harm was not a producing cause of total disability; (S) that such total disability was temporary; (6) beginning on December 29, 1970, and (7) of a duration "of 85 weeks; (8) plaintiff sustained or will sustain a partial disability, and that (9) the extension of the damage or harm inquired about in issue no. 2 was a producing cause and (10) such partial disability was permanent; (11) causing a reduction in weekly earning capacity of $78.90 per week (12) from August 2, 1972. Defendant filed and submitted a motion for judgment based on the jury’s answer to special issue number 2 and a motion to disregard the answers to special issue numbers 5, 6, 7 and 9. The trial court apparently disregarded the jury’s findings in response to special issue no. 2 and entered judgment for plaintiff in the sum of $12,560.15. Both parties filed motions for new trial which were overruled' directly or by operation of law. The defendant perfected its appeal from such judgment.

Defendant contends by ten points of error that the trial court erred by failing to enter judgment limiting the plaintiff’s recovery to the loss of the eye. Plaintiff seeks to sustain the judgment of the trial court by contending that the undisputed evidence is such to show that his general health had been affected causing disability; therefore, issue no. 2 was immaterial and properly disregarded. In the alternative, plaintiff seeks a remand for a new trial by three cross-assignments of error, contending that (1) the answer to issue number 2 is not supported by any evidence, (2) or is against the great weight and preponderance of the evidence, or (3) that the answers to special issues nos. 1 and 2 are in conflict.

Defendant stipulated that plaintiff suffered a specific injury, the loss of the right eye, for which he is entitled to compensation. It is undisputed that the piece of chain struck the eyeball only and that there was no further injury or damage caused by the immediate accident. However, it is further undisputed that from the approximate time of the accident plaintiff has suffered an anxiety state manifested by unintentional tremors.

Plaintiff testified that prior to the accident he was not abnormally nervous; however, since the accident he has been extremely nervous and shakes so badly that he can hardly read a newspaper, cannot hold a screw with one hand in order to start it with a screwdriver, cannot write legibly, cannot hold a cup of coffee, that his hands and neck visibly shake and when he works or strains he trembles all over. He further stated that he was taking medication for this condition, and that such medication enabled him to relax after sitting down. Marie Wilson, plaintiff’s wife, also testified that when plaintiff would work for an hour or so he would become extremely nervous, perspire heavily and was in a weakened condition. Further, she stated that when he tried to do anything, his head and neck would shake.

In addition to the plaintiff and his wife, three doctors testified by deposition as to [895]*895the condition of the plaintiff. Dr. Merlin L. Shriver, an osteopath general practitioner testified that plaintiff suffered from generalized nonintentional tremors which were attributable to the accident, and his diagnosis was an anxiety reaction. However, he felt that the condition was not permanent and that it could be helped by possible shock treatments, psychotherapy or heavier tranquilizaron.

Dr. O. J. Hagg, a general practice medical doctor, testified that the plaintiff suffered a physical injury to the eye and to the nervous system which triggered an emotional reaction which was permanent; that the injury was not limited solely to the eye but extended to and affected the body generally, and that the central nervous system was affected. However, Dr. Hagg’s testimony in a previous trial on the same matter was read into the record which reflected testimony to the effect that plaintiff was suffering from an anxiety reaction without damage to the central nervous system.

Dr. Charles H. Brown, a psychiatrist, testified that his examination of the plaintiff revealed an anxiety reaction which was not psychotic. Further, he stated that plaintiff’s background, his work, the impairment of his vision, and his future anticipation of work-ability because of the loss of the eye were all contributory to the anxiety state and that it would be impossible to assign any one thing as a basis for the condition. He testified that the impending litigation, fear of moving objects on the blind side, and plaintiff’s age are all factors contributing to the anxiety state. Further, Dr. Brown testified that the tremors are a reaction of his body toward the anxiety and that the mind was not affected. However, he did state that the central nervous system had been affected by the anxiety reaction but that the general health had not been affected. In addition, he stated that the removal of any of the contributing factors such as the litigation would lessen the anxiety state.

Where an injury results to a particular member of the body, compensation for the loss is specifically provided by Article 8306, Section 12, V.A.C.S. Therefore, the liability of the insurer is limited to the amount so provided even though the loss of an injury to that particular member actually results in total permanent incapacity of the employee. However, if the employee alleges and proves that the injury to the particular member also extended to and affected other portions of his body or impaired his general health to such an extent as to totally and permanently incapacitate him, he then can recover under Article 8306, Section 10, V.A.C.S. Consolidated Underwriters v. Langley, 141 Tex. 78, 170 S.W.2d 463 (1943).

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Related

Texas Employers Insurance Association v. Wilson
522 S.W.2d 192 (Texas Supreme Court, 1975)

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Bluebook (online)
513 S.W.2d 892, 1974 Tex. App. LEXIS 2561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/texas-employers-insurance-assn-v-wilson-texapp-1974.