Traders Generl Insrnce Co v. Pittsford

2 Citing cases

  1. Walker v. State

    694 N.E.2d 258 (Ind. 1998)   Cited 42 times
    Holding plaintiff has burden to show that she has attempted unsuccessfully to find work or that it would be futile to search for work in light of her impairment and other characteristics

    See Ind. Admin. Code tit. 31, 3-1-12(a) (1996) (stating that long term disability benefit payments are limited to a maximum of four (4) years). See also Traders General Ins. Co. v. Pittsford, 411 S.W.2d 755, 756-58 (Tex. Civ. App. 1967)(affirming a finding of total permanent disability; holding that a trainee position would not preclude a finding of total permanent disability because, should plaintiff lose this position, he could not go back to any of his previous types of occupations); Kamensky v. State Compensation Comm'r, 134 S.E.2d 582, 583-84 (W. Va. 1964)(15 months of light duty, post-injury work did not preclude a finding of total permanent disability because claimant's impairment would continue to make it difficult for him to find employment should his new position end, as it did here; reversed and remanded with directions to grant him an award of total permanent disability). Second, work that is highly accommodated to suit the needs and disabilities of a particular claimant cannot defeat a claim of total permanent disability where it is clear that the claimant could not find similar work under normally prevailing market conditions.

  2. Standard Fire Insurance Company v. Simon

    474 S.W.2d 530 (Tex. Civ. App. 1971)   Cited 11 times

    We find the evidence sufficient to support the finding that his incapacity was total. An injured workman may be able to earn money at a job not requiring manual labor and still be totally disabled under the Workmen's Compensation Act. Aetna Casualty and Surety Co. v. Curlee, 416 S.W.2d 890 (Tex.Civ.App., Fort Worth 1967, no writ); Traders General Ins. Co. v. Pittsford, 411 S.W.2d 755 (Tex.Civ.App., El Paso 1967, writ ref'd n.r.e.). Although Simon testified that he can do some type of work other than driving a truck, he has little other working experience. More than a year and a half after his injury he tried selling shoes and then working at a service station, but he was unable to continue in either employment.