CORPUS CHRISTI - The 13th Court of Appeals recently affirmed a judgment awarding Rodrigo Mendiola lifetime income benefits under the Texas Workers’ Compensation Act.
Court records show Accident Fund General Insurance appealed a trial court’s ruling, arguing that, among other issues, that there is legally and factually insufficient evidence that Mendiola suffered the total loss of use of his left hand.
According to the 13th Court’s Oct. 12 opinion, Mendiola was driving a commercial truck hauling a tanker with hot asphalt when he got into an accident causing the truck to roll over. As a result, the asphalt entered the truck cabin causing second and third-degree burns to Mendiola’s torso, as well as his left arm, hand, and leg. Mendiola received multiple skin grafts and surgeries, including an above-the-knee amputation of his left leg.
Accident Fund, the workers’ compensation insurer for Mendiola’s employer, initially accepted his injury claim and paid his medical bills. After Mendiola reached maximum medical improvement, he filed a claim for lifetime income benefits based on the loss of one foot and the total and permanent loss of use of his left hand.
The Division of Workers’ Compensation concluded that Mendiola was not entitled to lifetime income benefits, and Mendiola sought judicial review of the decision. The case was tried to the bench remotely via Zoom, and the court entered a final judgment awarding lifetime income benefits to Mendiola based on the loss of one foot at or above the ankle and the total and permanent loss of use of one hand at or above the wrist.
The 13th Court overruled all of Accident Fund’s issues on appeal, affirming the judgment.
“In a bench trial, the trial judge observes the demeanor of the witnesses and weighs the evidence,” the opinion states. “We conclude that the trial court did not err in considering its own observations of Mendiola’s injuries in reaching its judgment.”
Appeals case No. 13-21-00361-CV