 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Travelers Insurance Co. v. Wilson8/1/2000
The Travelers Insurance Company appeals from a de novo jury trial verdict rendered on behalf of Ted R. Wilson and his treating chiropractor, Clem C. Martin, D.C. The jury found that the chiropractic care received by Wilson was reasonable and necessary, and it awarded $120,621.27 as compensation for the unpaid chiropractic services.
On appeal, Travelers contends that the trial court erred by failing to track the language of the applicable workers' compensation statute in the charge of the court. It further complains that the evidence is legally and factually insufficient to support the jury's finding of $120,621.27 in unpaid chiropractic care and that this excessive finding requires remittitur. Finally, Travelers claims that the trial court committed reversible error by precluding Dr. John Milani from offering opinions on the reasonableness and necessity of Martin's chiropractic care. We overrule all points of error and affirm the judgment of the trial court.
It is undisputed that Wilson was injured on March 30, 1989, while in the course and scope of his employment at Southwest Pump. It is also undisputed that Southwest Pump had a workers' compensation policy with Travelers which covered Wilson's incapacity. As compensation for Wilson's injury, Travelers has paid in full the maximum amount of indemnity benefits, and it has paid medical expenses in the amount of $52,109.57. However, Wilson complains that Travelers has refused to pay for the remainder of his reasonable and necessary medical expenses. At trial, the jury agreed with Wilson's contentions and awarded him $120,621.27 in unpaid chiropractic expenses.
On appeal, Travelers first complains that the trial court committed reversible error by failing to track the language of the applicable workers' compensation statute in the charge of the court. The trial court submitted the following question:
Was chiropractic care reasonably required as a result of Ted Wilson's injury?
An employee has the sole right to select or choose the persons or facilities to furnish medical aid, chiropractic services, hospital services and nursing.
An employee is entitled to receive chiropractic care reasonably required at the time of the injury and any time thereafter to cure or relieve the effects that naturally result from the injury.
Any employee is entitled to receive physical rehabilitation for such a period as the nature of the injury may require or as necessary to reasonably restore the employee to his normal level of physical capacity or as necessary to give reasonable relief from pain.
The jury affirmatively answered this question, finding that chiropractic care was reasonably required as a result of Wilson's injury. Travelers contends that the submission of this question constitutes reversible error because it cites an incorrect legal standard. Specifically, it claims that in the second paragraph the "cure or relieve" language is incorrect because the applicable workers' compensation statute actually requires that chiropractic services "cure and relieve" the effects that result from the injury. See Tex. Rev. Civ. Stat. Ann. art. 8306, § 7, repealed by Act of Dec. 11, 1989, 71st Leg., 2nd C.S., ch. 1, § 16.01, 1989 Tex. Gen. Laws 114-15.
A trial court has broad discretion in submitting jury instructions. See Plainsman Trading Co. v. Crews, 898 S.W.2d 786, 791 (Tex. 1995). For an instruction to be proper, it must assist the jury, accurately state the law, and find support in the pleadings and the evidence. See Tex. R. Civ. P. 277. To determine whether an alleged error in the jury charge is reversible, we consider the pleadings, the evidence presente
Page 1 2 3 4 5 Texas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|