Casualty Insurance Company Of California v. Salinas

333 S.W.2d 109 (Tex. 1960)

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Nature of the Case

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Facts

P, while employed by Howel Refining Company was injured when a fellow workman dropped a large bolt upon his right shoulder. P claimed a temporary total incapacity and a permanent partial incapacity of thirty percent. P filed a workman’s compensation claim against D. D called two doctors to testify at trial that P was not seriously injured, had suffered little or no pain except for a short period after the injury, and in effect was malingering. P called three lay witnesses and tendered proof that he had complained of present existing pain at various times subsequent to his injury. The trial court excluded this testimony. D got the verdict and appealed. The Court of Appeals reversed and D appealed.