This is а Workmen’s Compensation case. It was tried before a jury, resulting in a finding that the appellee was totally and permanently disabled. Judgment fоr ap-pellee for total and permanent disability. Appellant has perfected its appeal, and brings forward 9 points of error.
By its first three points, appellant complains of the error of the trial court in refusing to give certain special issues to the jury relativе to specific injuries to the left leg and to the left arm. In reviewing the transcript, the issues were in fact given as issues 12, 13 and 14. The issues were answered adversely to the appellant. The points are without merit and are overruled.
By its point 4 appellant takes the position that thе appellee’s pleadings have nothing, as a matter of law, to authorize proof for total and permanent disability. The pleadings are sufficient. Southern Underwriters v. Boswell,
By its 5th, 6th and 7th points, appellant contends that there is no evidence that the injuries received by the аppellee extended to or affected other portions of the body, and they were confined solely to the left leg and left arm below the elbow, and the findings of the jury of total and permanent incapacity is against the overwhelming weight and preponderance of the evidence.
*918 Appellee testified about diesel oil leaking onto his clothes; about the weather being cold; that he went tо the fire to warm until he could use his truck; that he caught fire; the fire enveloped his entire body; the entire back side of his left leg was injured, including the muscles; he cannot straighten his knee or stand on the leg very long at a time; both hands were injured; the motion of left wrist was limited and the fingers on the left hand were stiffened; his nerves were torn up and he is still quite nervous; he suffered injuries to his back and sciatic nerve while in the service, but had recovеred so that he could do the usual task of a workman; that the back injury was aggravated by the burns, particularly the sciatic nerve going from the bаck through the left leg has been aggravated by the burns, to a point that he cannot stand or walk very much; and he was totally disabled. This testimony was сorroborated by three lay witnesses.
Dr. E. M. D’Charles, an orthopedic specialist, testified upon the trial of the case of having examinеd the appellee and that he had a loss of motion and grip in his left hand due to' burns; his left leg received second and third degree burns with loss of skin and muscles causing contracture of leg, resulting in patient walking on toes; heel unable to touch ground; unable to extend left leg; burns caused thе contracture of left leg which in turn caused sciatic nerve to be so painful as to be disabling; that none of the injuries were confined tо the specific areas, and all exerted a disabling effect on him which rendered the plaintiff totally and permanently disabled from doing mаnual work.
The doctor who testified for the appellant, in effect, admitted that the injuries affected the man’s physical condition genеrally by causing a contracture of his hip and resulting pain in the back. The entire statement of fact has been examined, and we find the evidеnce wholly sufficient to support the jury’s verdict of total and permanent disability. American General In surance Company v. Florez, Tex.Civ.App.,
Appellant’s 8th point is without merit and is overruled.
By its point 9, appellant complains of the error of the trial court in excluding from considеration by the jury the extent of the appellee’s disabilities as determined by the Veteran’s Administration, and that the ap-pellee was receiving compensation from the U. S. Government. It contends the evidence was pertinent on the question of the ability of the plaintiff to pеrform work, and was admissible to impeach his claim that he was totally incapacitated.
Upon the trial of the case the appellee filed a motion, omitting the heading and signature, which reads as follows:
“Comes Now Plaintiff in the above entitled and numbered cause and рrior to the commencement of the questioning of the venire but after both parties have announced ready for trial and moves the сourt as follows:
“1.
“That the attorney for the defendant be instructed not to refer directl> or indirectly to the fact that plaintiff Finney at the time of the injuries complained of had and now has, a percentage of disability rating by the Veterans’ Administration for service connection disаbility because:
“(1) Income from a collateral source is not admissible to show extent of plaintiff’s disability;
“(2) That such testimony would be double heаrsay since it would have to be based upon a report or decision of a board based on hearsay medical testimony before the board and there is *919 no opportunity for cross-examination of either the medical testimony relied on by the board or the board.
“Wherefore, plaintiff prays judgment of the court.”
Nо objection to the motion is shown of record, although the appellant did except to the sustaining of the same. Upon the trial of the case, it did not offer any evidence from the Veterans’ Administration as to the percentage of disability rating that they had given the appellee. It did put the appellee upon the stand and question him about his disability rating, and the amount of compensation he was drawing. He did nоt offer this evidence before the jury. In the case of Alamo Express, Inc. v. Wafer, Tex.Civ.App.,
The disability rating of a veteran by the Veterans’ Administration is hearsay. Therefore, it would be up to appellant to show why such disability evidence -would be admissible. In I Tex.Law of Evidence 19, Sec. 21, the annotator says:
“Where there is any doubt as tо the relevancy of the evidence offering counsel must specify the purpose for which is it offered or other facts necessary .to render it admissible. This is essential for an intelligent objection by opposing counsel and ruling by the trial judge. If he states a purpose for which it is inadmissible, he cannot complain of the ruling of the trial judge in excluding the evidence even though there was some other purpose for which it could have been received.”
The point is overruled.
The judgment of the trial court is affirmed.