Dallas National Insurance Company v. Gloria De La Cruz, 470 S.W.3d 56

On Feb. 18, 2004, Gloria De La Cruz injured her back and left knee in a workplace fall; the injuries were accepted as compensable.
She underwent spinal surgery (360 fusion at L4–L5 and L5–S1 with laminectomy/discectomy) and later arthroscopic left knee surgery, but continued to report leg/foot pain and numbness.
In 2009 De La Cruz claimed Lifetime Income Benefits (LIBs) under Tex. Lab. Code § 408.161, asserting permanent, total loss of use of both feet at or above the ankle due to the 2004 injury.
Administrative hearing and appeals panel denied LIBs; after a non-jury trial the district court awarded LIBs, and the court of appeals affirmed.
The Texas Supreme Court reversed, holding the evidence insufficient to show damage or harm to the physical structure of both feet (required for LIBs), as opposed to nerve/root injury in the back producing symptoms in the feet.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence shows "total and permanent loss of use" of both feet at or above the ankle from injury to the feet themselves	De La Cruz: back injury extended to and injured feet (radiculopathy, absent ankle reflexes, sensory loss, cane use, toe pain) causing permanent total loss of use	Dallas Nat’l: evidence shows only back/nerve-root injury and pain; no proof of structural damage to feet or that feet themselves were injured	Held: Evidence legally insufficient — must show damage/harm to the physical structure of the enumerated member(s); symptoms from back/nerve injury alone do not satisfy statute

City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (legal-sufficiency review standard)
Ins. Co. of State of Pa. v. Muro, 347 S.W.3d 268 (Tex. 2011) (total loss of use requires damage to the member itself)
Travelers Ins. Co. v. Seabolt, 361 S.W.2d 204 (Tex. 1962) (definition of total loss of use)
Hartford Underwriters Ins. Co. v. Burdine, 34 S.W.3d 700 (Tex. App.—Fort Worth 2000) (example where back nerve-root injury caused footdrop and supported LIBs)
Mendoza v. Old Republic Ins. Co., 333 S.W.3d 183 (Tex. App.—El Paso 2010) (pain alone is not compensable injury)