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North River Ins. Co. of New Jersey v. Gray, 765 S.W.2d 862 (Tex. App.-Austin 1989, writ denied).
Mr. Eggleston represented North River Insurance Company of New Jersey, the worker’s compensation carrier for Continental Airlines, Inc. The heirs of Jerry Don Gray brought suit against North River Insurance Company of New Jersey claiming that Jerry Don Gray died as a result of a heart attack he suffered at work. His heirs claimed that the heart attack was induced as a result of long working hours with minimal rest and high stress created by the job. The trial court jury found that Gray received an injury on the date of his death in the course and scope of his employment and that such injury was the producing cause of his death.
Mr. Eggleston successfully appealed the trial court’s ruling before the Austin Court of Appeals, which reversed the trial court’s judgment and rendered a take nothing judgment holding that Gray’s injury was not compensable under The Worker’s Compensation statute and laws of the State of Texas. This case clarified the law in Texas that there must be a specific event or events, which caused the employee’s injury in order for the injury to be compensable under worker’s compensation law.
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