Dallas National Insurance Company v. Gloria De La Cruz, 412 S.W.3d 36

On Feb. 18, 2004 Gloria De La Cruz slipped at work, injuring her lower back and left knee; imaging showed multilevel L4-5 and L5-S1 herniations.
She underwent a 360 fusion with laminectomy/discectomy in 2005 and later developed radiculopathy with nerve-related leg/foot symptoms.
Multiple surgeries and interventions (knee arthroscopy, nerve stimulator, pain management) did not restore function; exam notes documented absent ankle reflexes, antalgic gait, cane use, and persistent radiating pain.
Several treating and review physicians (including Commission-appointed and insurer-retained doctors) opined she was permanently disabled and unemployable.
The Texas Dept. of Insurance Division and the WCAP denied Lifetime Income Benefits (LIBS) under Tex. Lab. Code § 408.161(a)(2) (loss of both feet at or above the ankle); the trial court reversed and awarded LIBS with accrual date Feb. 18, 2004.
On appeal DNIC challenged legal and factual sufficiency of the evidence supporting the trial court’s award of LIBS; the Eighth Court of Appeals affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence legally/factually supports LIBS for loss of both feet/use caused indirectly by lumbar injury and radiculopathy	De La Cruz argued her back surgery and resulting radiculopathy injured/impacted her feet such that she permanently lost substantial utility of both feet and is unemployable	DNIC argued Muro requires evidence that the injury extends to and impairs the statutory body part itself (feet); claimant showed general incapacity, not statutory loss of feet, so evidence is insufficient	Court held evidence (medical findings of radiculopathy, absent ankle reflexes, treating physicians’ opinions of permanent disability/unemployability) was legally and factually sufficient; affirmed trial court award of LIBS

Insurance Co. of State of Pennsylvania v. Muro, 347 S.W.3d 268 (Tex. 2011) (statute limits LIBS to enumerated injuries; injury must extend to and impair the statutory body part)
City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (standards for legal sufficiency review)
Cain v. Bain, 709 S.W.2d 175 (Tex. 1986) (standard for factual sufficiency review)
Travelers Ins. Co. v. Seabolt, 361 S.W.2d 204 (Tex. 1962) (older precedent defining total loss of the use of a member)
Hartford Underwriters Ins. Co. v. Burdine, 34 S.W.3d 700 (Tex. App.—Fort Worth 2000) (upheld LIBS where radiculopathy extended into feet and impaired use)