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Texas Workers' Compensation Insurance Fund v. Mandlbauer8/24/2000
, 1992, together with other injuries or events each contributed to the disability of Mike Mandlbauer, then the injury of September 18, 1992, was a producing cause of his disability.
2) There can be more than one producing cause of symptoms. If you find that the injury of September 18, 1992, together with other injuries or events each contributed to Mike Mandlbauer's symptoms, then the injury of September 18, 1992, was a producing cause of his symptoms.
3) There may be more than one producing cause of incapacity, but there can be only one sole cause of incapacity. If Mike Mandlbauer's incapacity was solely caused by some incident or event after February 10, 1993, independent of and not aggravated by his injury of September 18, 1992, then his injury of September 18, 1992, cannot be a producing cause of any incapacity.
Mandlbauer contends, and the court of appeals held, that the trial court erred by not submitting these instructions because the Fund disputed whether the work-related injury caused Mandlbauer's symptoms and need for medical treatment. We disagree.
When a trial court refuses to submit a requested instruction, the question on appeal is whether the request was reasonably necessary to enable the jury to render a proper verdict. See Tex. R. Civ. P. 277; Brookshire Bros., Inc. v. Wagnon, 979 S.W.2d 343, 351 (Tex. App.--Tyler 1998, no pet.). Further, for an instruction to be proper, it must (1) assist the jury; (2) accurately state the law; and (3) find support in the pleadings and the evidence. See Tex. R. Civ. P. 278; European Crossroads' Shopping Ctr., Ltd. v. Criswell, 910 S.W.2d 45, 54 (Tex. App.--Dallas 1995, writ denied).
Mandlbauer did not plead or try his case under a producing cause theory. The charge itself did not mention producing cause but submitted the question in terms of "resulting from." Mandlbauer did not object to the charge. Here, the TWCC Appeals Panel, Mandlbauer's own pleadings, the current statute, and the charge describe the causation issues in terms of "resulting from," not producing cause. See Tex. Lab. Code ยง 401.011(26). It is not an abuse of discretion to refuse to define a term not used in the charge. Thus, the trial court's refusal was within its discretion, and the court of appeals incorrectly remanded this case for a new trial.
We also hold that the court of appeals' mandate stating that "all costs of the appeal" be assessed against the Fund is ambiguous because it does not limit costs to the appeal on remand. The court of appeals generally has discretion to assess costs in subsequent court of appeals' proceedings. But in this instance the court's mandate could be read to include the costs in the court of appeals that this Court ordered Mandlbauer to pay. Our judgment today awards all costs against Mandlbauer for all appeals. Under Texas Rule of Appellate Procedure 59.1, without hearing oral argument, we reverse the court of appeals' judgment and render judgment for the Fund.
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