OPINION
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Insurance Company of the State of Pennsylvania v. Muro
(Tex. 2011)(Opinion by Justice Medina)
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OPINION OF THE COURT OF APPEALS BELOW: Court of Appeals
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Also see: Texas Causes of Action | 2011 Texas Supreme Court Opinions | 2011 Tex Sup Ct Per Curiams
Ins. Co. of the State of Pennsylvania v. Muro,
No. 09-0340 (Tex. Aug. 26, 2011) (Opinion by Justice David Medina)
INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA v. CARMEN MURO;
from Dallas County; 5th district (05-07-00279-CV, 285 SW3d 524, 03-12-09)
The Court reverses the court of appeals' judgment and renders judgment.
Justice Medina delivered the opinion of the Court. [pdf]
The Texas Workers’ Compensation Act authorizes the award of lifetime income benefits to
employees who lose certain body parts or suffer certain injuries in work-related accidents. The
specific body parts and injuries that qualify an employee for this type of benefit are enumerated in
section 408.161 of the act. See TEX. LAB. CODE § 408.161(a)(1)–(7). That enumeration includes,
among others, “loss [or lost use] of both feet at or above the ankle.” Id. § 408.161(a)(2), (b).
The question here concerns the standard for awarding lifetime income benefits under section
408.161. The employee in this case injured her hips, an injury and body part not enumerated in
section 408.161. The hip injuries, however, affected the use of her feet to the extent that she could
no longer work. Although her feet were not injured, per se, the employee was awarded lifetime
income benefits because her hip injuries prevented her from continuing to work. The issue then i
whether the statute authorizes the award of lifetime benefits for injuries to body parts not
enumerated in the statute, that is, whether the occurrence of one of the injuries identified in section
408.161 is a prerequisite to the award of lifetime benefits or whether other injuries that result in the
employee’s total and permanent incapacity, such as the hip injuries here, are enough.
Affirming the employee’s award of lifetime income benefits, the court of appeals concluded
that section 408.161 does not limit the award of lifetime income benefits to the specific injuries and
body parts enumerated in the statute. 285 S.W.3d 524, 529 (Tex. App.—Dallas 2009). We
conclude, however, that section 408.161 limits the award of lifetime benefits to the injuries
enumerated therein and that an employee does not lose the use of a body part, within the statute’s
meaning, without some evidence of an injury to that body part. Because there is no evidence that
the employee suffered one of the enumerated injuries in this case, we reverse and render
Link to e-briefs including amicus briefs: INS. CO. OF THE STATE OF PA v. MURO