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In this workers’ compensation case, Texas Employers Insurance Association (TEIA) appealed a judgment awarding Laverne Barker cumulative benefits for 210 weeks due to the loss of use of her left thumb and hand. The core issue was whether compensation for both injuries could be cumulated. The jury found permanent total loss of use for both the thumb and the hand. However, the appellate court, interpreting Tex. Rev.Civ.Stat.Ann. art. 8306, § 12, determined that Barker suffered a single injury to her hand, which included the thumb. Consequently, the court held that Barker was entitled to compensation for 150 weeks for the hand injury only. The judgment was reversed and remanded for recalculation.
Texas Employers Insurance Ass'n v. Barker 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
In this workers’ compensation case, Texas Employers Insurance Association (TEIA) appealed a judgment awarding Laverne Barker cumulative benefits for 210 weeks due to the loss of use of her left thumb and hand. The core issue was whether compensation for both injuries could be cumulated. The jury found permanent total loss of use for both the thumb and the hand. However, the appellate court, interpreting Tex. Rev.Civ.Stat.Ann. art. 8306, § 12, determined that Barker suffered a single injury to her hand, which included the thumb. Consequently, the court held that Barker was entitled to compensation for 150 weeks for the hand injury only. The judgment was reversed and remanded for recalculation.
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