Northern Assurance Co. v. Gutierrez
In a worker's compensation case, the Appellee sustained an incisional hernia and sought total and permanent disability benefits. The Appellant argued that the injury was limited to a hernia under Tex.Rev.Civ. Stat.Ann. art. 8306, sec. 12b, which would limit compensation to twenty-six weeks for a successful surgical repair. The trial court disregarded jury findings that the injury was confined to a hernia and that the operation was successful, instead awarding total and permanent benefits. The appellate court reversed the trial court's judgment, holding that the injury met the statutory criteria for a compensable hernia and the repair was successful. The case was remanded with instructions to enter judgment for the Appellee for twenty-six weeks of compensation as provided by the hernia statute.