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Harry Rhodabarger (defendant in error) sued Traders & General Insurance Company (plaintiff in error) in Ward County, Texas, to overturn an Industrial Accident Board award and collect worker's compensation for injuries sustained in August 1933 while employed by Garrett J. Donnelly. Rhodabarger claimed total and permanent disability, seeking $17.30 per week for 401 weeks in a lump sum. The trial court entered judgment for Rhodabarger, awarding $5,561.34, which the insurance company appealed. The appellate court affirmed the decision, addressing evidentiary challenges regarding medical testimony (Dr. Black's reliance on subjective symptoms) and wage calculations (Hill D. Hudson's hearsay testimony), ultimately finding no reversible error. The court also affirmed the insurer's liability due to its prior compensation payments.
Traders & General Ins. Co. v. Rhodabarger 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
Harry Rhodabarger (defendant in error) sued Traders & General Insurance Company (plaintiff in error) in Ward County, Texas, to overturn an Industrial Accident Board award and collect worker's compensation for injuries sustained in August 1933 while employed by Garrett J. Donnelly. Rhodabarger claimed total and permanent disability, seeking $17.30 per week for 401 weeks in a lump sum. The trial court entered judgment for Rhodabarger, awarding $5,561.34, which the insurance company appealed. The appellate court affirmed the decision, addressing evidentiary challenges regarding medical testimony (Dr. Black's reliance on subjective symptoms) and wage calculations (Hill D. Hudson's hearsay testimony), ultimately finding no reversible error. The court also affirmed the insurer's liability due to its prior compensation payments.
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