Workmen’s Compensation – Traumatic Neurosis Without Physical Injury

Appellee and his co-worker attempted to lower a suspended scaffold on which they were standing, whereupon the scaffold gave way and the coworker fell to his death. Appellee suffered only slight bruises on his leg, but as a result of seeing his fellow employee fall to his death, he sustained severe fright and shock which resulted in a traumatic neurosis preventing him from engaging in the normal duties of his occupation. The lower court awarded appellee judgment for permanent partial disability under the Texas Workmen’s Compensation Law. On appeal, held, reversed. Appellee’s condition was a mental disease and compensable under Texas law only if it resulted from a compensable physical injury. American General Ins. Co. v. Bailey, (Tex. Civ. App. 1954) 268 S.W. (2d) 528.