Texas Employers' Ins. Ass'n v. Evers
M. W. Evers, an employee, suffered a 40% partial permanent incapacity to his right shoulder due to an injury sustained while working for Columbian Carbon Company. He was awarded compensation for 300 weeks from Texas Employers’ Insurance Association. The insurance association appealed, challenging the compensation award primarily because Evers continued to work for approximately 52 weeks post-injury at his regular wage. The appellate court affirmed the trial court's judgment, emphasizing that continued employment, especially under necessity and with employer/colleague assistance, does not negate a claim for permanent partial incapacity under workmen's compensation law, which should be liberally construed. The court also addressed and rejected the appellant's points of error regarding jury findings and newly discovered evidence.