Commerce & Industry Insurance Co. v. Ferguson-Stewart, 339 S.W.3d 744

May 25, 2004, Bruce Stewart sustained a work-related injury when a bolt struck his neck/shoulder; no eyewitnesses.
Stewart received emergency treatment and a prescription for pain medication, which impeded his ability to return to work due to side effects.
CIIC challenged the TWCC Appeals Panel’s findings on compensability and disability after exhausting administrative remedies.
The trial court entered judgment on jury findings supporting the workers’ compensation award and approved Ferguson-Stewart’s attorneys’ fees.
CIIC sought to exclude evidence of Stewart’s prescription drug use history; the trial court excluded certain evidence as unfairly prejudicial.
CIIC later argued, under Crump, that Ferguson-Stewart waived jury findings on fees by not having jury determinations; the court agreed Crump requires jury findings and remanded for a jury trial on the fees issue.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court properly excluded prescription-drug-use evidence	CIIC argues evidence shows motive to falsify claim.	Ferguson-Stewart contends evidence is irrelevant or prejudicial.	Yes, trial court did not abuse discretion; exclusion affirmed.
Whether fees must be decided by a jury after Crump	CIIC entitled to jury findings on reasonableness/necessity of fees.	Ferguson-Stewart argues fee issue could be decided by the court.	Crump requires jury findings; remand for jury trial on fees.

Texas Workers’ Compensation Comm’n v. Garcia, 893 S.W.2d 504 (Tex. 1995) (modified de novo review of TWCC decisions; burden on claimant by preponderance of the evidence)
Transcontinental Ins. Co. v. Crump, 330 S.W.3d 211 (Tex. 2010) (insurer entitled to jury on disputed fees; ambiguity in statute)
Horizon/CMS Healthcare Corp. v. Auld, 34 S.W.3d 887 (Tex. 2000) (trial court evidentiary rulings reviewed for abuse of discretion)
Tony Gullo Motors v. Chapa, 212 S.W.3d 299 (Tex. 2006) (remand appropriate when trial court errs on fee issues)