Employers Insurance of Wausau, a Mutual Company v. Calvin L. Heath
Employers Insurance of Wausau appealed a judgment awarding worker's compensation benefits to Calvin Heath, stemming from an injury Heath sustained in April 1988 while working for Nucor Steel Corporation. Employers raised points of error concerning the denial of a continuance, the refusal to allow a medical witness's testimony, the sufficiency of evidence for total incapacity, and the appropriate credit for pre-trial benefits. The appellate court affirmed the trial court's judgment, finding no abuse of discretion in the continuance ruling, upholding the exclusion of the medical testimony due to insufficient record, and determining the evidence supported the total incapacity finding and the credit amount. Additionally, the court agreed with Heath's cross-point, assessing damages of $2,500 against Employers for taking the appeal for delay and without sufficient cause. This decision was issued by the Tenth Court of Appeals in Texas.