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Lilly Theago, appellant and widow of deceased Moses Theago, appealed a trial court's instructed verdict denying her workers' compensation claim against Royal Indemnity Company. Moses Theago, an employee of Valley Construction Company, suffered a fatal stroke while straining to lift a heavy scaffold during work. The trial court's decision was based on the lack of evidence connecting his death to a work-related injury. The appellate court, considering expert medical testimony that suggested a direct causal link between the exertion and the stroke, reversed the judgment. The case was remanded for a new trial, finding that the evidence was sufficient to raise a factual issue for a jury regarding the cause of death.
Theago v. Royal Indemnity Co. is a workers' compensation case decided in Court of Appeals of Texas. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Court of Appeals of Texas.
Full Decision Text1 Pages
Lilly Theago, appellant and widow of deceased Moses Theago, appealed a trial court's instructed verdict denying her workers' compensation claim against Royal Indemnity Company. Moses Theago, an employee of Valley Construction Company, suffered a fatal stroke while straining to lift a heavy scaffold during work. The trial court's decision was based on the lack of evidence connecting his death to a work-related injury. The appellate court, considering expert medical testimony that suggested a direct causal link between the exertion and the stroke, reversed the judgment. The case was remanded for a new trial, finding that the evidence was sufficient to raise a factual issue for a jury regarding the cause of death.
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