Summary
The Supreme Court of Texas held that the trial court did not abuse its discretion by refusing to submit requested producing-cause instructions because the pleadings, evidence, and jury charge addressed causation in terms of whether the injury resulted in the claimed condition. The court also held that the court of appeals' mandate concerning appellate costs was ambiguous, reversed the court of appeals' judgment, and remanded for consideration of the claimant's remaining points of error. The court ordered the claimant to pay all costs for all appeals.
Topics
Practice areas
Questions Presented
- Whether the trial court abused its discretion by refusing to submit Mandlbauer's requested producing-cause jury instructions when the jury charge submitted causation in terms of whether the condition resulted from the injury.
- Whether the court of appeals' mandate assessing all appellate costs against the Fund was ambiguous and inconsistent with the Supreme Court's prior mandate requiring Mandlbauer to pay all costs in the Supreme Court and court of appeals.
Holdings
- The trial court did not abuse its discretion in refusing to submit the requested producing-cause instructions because producing cause was not pleaded or tried as the theory of the case, the jury charge did not use that term, and the charge instead submitted causation in terms of whether the condition resulted from the injury.
- The court of appeals' mandate assessing 'all costs of the appeal' against the Fund was ambiguous because it could include costs that the Supreme Court's prior mandate had ordered Mandlbauer to pay. Mandlbauer was ordered to pay all costs for all appeals.
Key quotations
“It is not an abuse of discretion to refuse to define a term not used in the charge.” (34 S.W.3d at 912)
“Our judgment today awards all costs against Mandlbauer for all appeals.” (34 S.W.3d at 912)
Factual background
Mike Mandlbauer sustained a compensable back injury while employed by Apache Products Company in September 1992. An MRI in November 1992 showed no bulging or herniated disks. After leaving Apache and later becoming involved in moving mobile homes, Mandlbauer was found in November 1993 to have a herniated disk at the same location, and the Fund denied further medical treatment on the ground that it was unrelated to the 1992 injury.
Procedural history
The Texas Workers' Compensation Commission ruled for the Fund after it denied further medical treatment as unrelated to Mandlbauer's earlier compensable injury. The trial court rendered judgment for the Fund in accordance with the jury verdict. The court of appeals reversed and remanded for a new trial, and on remand again reversed and remanded based on the trial court's refusal to submit producing-cause instructions; it also assessed appellate costs against the Fund. The Supreme Court had previously reversed and remanded on a standing issue, then granted rehearing to address the producing-cause instructions and the assessment of costs.
Remand instructions
Remand to the court of appeals to consider Mandlbauer's remaining points of error. Mandlbauer must pay all costs for all appeals.