This is a workers compensation case in which plaintiff, Izzat Nasser, recovered benefits for total and permanent incapacity in a trial before a jury. The primary question on appeal is whether Nasser’s injury was sustained in the course of his employment. The court of appeals held that it was not and reversed the judgment of the trial court and rendered judgment that Nasser take nothing.
Nasser brings three points of error, but the thrust of his argument under each point is the same: the court of appeals improperly disregarded evidence tending to support the jury’s finding. 1 Article 8309 of the Workers Compensation Act provides
[T]he term “injury sustained in the course of employment,” as used in this Act, shall not include:
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(2) An injury caused by an act of a third person intended to injure the employee because of reasons personal to him and not directed against him as an employee, or because of his employment.
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TEX.REV.CIV.STAT.ANN. art. 8309, § 1(2) (Vernon 1967).
The court of appeals stated that its review of the record indicated that this case fell squarely within the above-quoted “personal animosity” exception. Thus, the court of appeals held that there was no evidence to support the jury’s finding that Nasser was injured in the course of his employment. In deciding a no evidence point, the court should consider only the evidence and reasonable inferences therefrom, which viewed in its most favorable light, supports the jury finding and must reject all evidence or reasonable inferences to the contrary.
Glover v. Texas General Indent.,
In describing some of his duties as assistant manager, Nasser stated that it was part of his job to “be nice to the customers, serve people.” He was instructed to talk to the customers. Nasser would frequently sit down with a customer who was dining alone if he was not busy
Further, the purpose of the “personal animosity” exception is to exclude from coverage of the Act those injuries resulting from a dispute which has been transported into the place of employment from the injured employee’s private or domestic life, at least where the animosity is not exacerbated by the employment.
Commercial Standard Ins. Co. v. Marin,
Additionally, the jury’s answer to issue number one incorporates a finding that Daryoush was “incapable of entertaining a rational intent or was incapable of rational reasoning.” Such a finding prevents operation of the “personal animosity” exception. In
Petroleum Casualty Co. v. Kincaid,
Accordingly, no exception to the right to recover provided in article 8309, section 1 applies to prevent an award of compensation in this case. We reverse the judgment of the court of appeals and remand this case to that court for consideration of factual sufficiency points and any other points hot addressed by that court in accordance with
Pool v. Ford Motor Co.,
Notes
. Special Issue # 1
Do you find from a preponderance of the evidence, that Izzat Nasser was injured in the course of his employment on or about February 20, 1981?
‘“INJURY IN THE COURSE OF EMPLOYMENT means any injury having to do with and originating in the work, business, trade, or profession of the employer, received by an employee while engaged in or about the furtherance of the affairs or business of his employer, whether upon the employer’s premises or elsewhere. An injury is not in the course of employment if it is caused by the act of another person intended to injure the employee because of reasons personal to the employee and not directed against him as an employee or because of his employment. A person cannot intend to injure an employee if the person is incapable of entertaining a rational intent or is incapable of rational reasoning.” ANSWER ("We do.” or “We do not”)
ANSWER: We do
