National Fire Insurance Co. v. Hector Giron

Filing

UNPUBLISHED OPINION FILED. [13-50271 Affirmed ] Judge: CDK , Judge: LHS , Judge: JEG Mandate pull date is 07/08/2014 [13-50271]

Case: 13-50271

Document: 00512665785

Page: 1

Date Filed: 06/17/2014

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit

No. 13-50271
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,
Successor to Transcontinental Insurance Company,

FILED
June 17, 2014
Lyle W. Cayce
Clerk

Plaintiff-Appellee

v.
HECTOR GIRON,

Defendant-Appellant

Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:11-CV-405
Before KING, SOUTHWICK, and GRAVES, Circuit Judges.
PER CURIAM:*
Hector Giron was injured by an electrical shock while working on a
construction site. As a result, Giron’s left hand had to be amputated above the
wrist and he suffered severe burns to his right arm and hand. Giron was
awarded lifetime insurance benefits from the Texas Workers’ Compensation
Division based on a total loss of use of his upper extremities. National Fire
Insurance Company of Hartford appealed the decision of the state agency in

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
*

Case: 13-50271

Document: 00512665785

Page: 2

Date Filed: 06/17/2014

No. 13-50271
federal district court. At trial, a jury found that Giron had not suffered a total
loss of use of his right hand and was not eligible for lifetime insurance benefits.
Giron’s motion for judgment as a matter of law was denied and he subsequently
appealed.
We review a district court’s determination on a motion for judgment as
a matter of law de novo and we apply the same legal standard as the trial court.
Flowers v. So. Reg’l Physician Servs., Inc., 247 F.3d 229, 235 (5th Cir. 2001).
The entry of judgment as a matter of law is appropriate when a party has been
fully heard on an issue during a jury trial and a review of the entire record
shows no legally sufficient evidentiary basis for a reasonable jury to find for
the non-moving party on the issue.

Fed. R. Civ. P. 50(a).

We make all

reasonable inferences for the non-moving party, but we do not make credibility
determinations or weigh the evidence. Reeves v. Sanderson Plumbing Prods.,
Inc., 530 U.S. 133, 150 (2000).
After reviewing the record in this matter, we conclude that there was
sufficient evidence presented at trial to support the finding that Giron was not
entitled to lifetime insurance benefits because he could obtain and retain
employment requiring the use of his right hand. See Tex. Lab. Code. Ann. §
408.161(a)(3) (requiring “loss of both hands at or above the wrist” to qualify for
lifetime insurance benefits); and Tex. Lab. Code. Ann. § 408.161(b) (“the total
and permanent loss of use of a body part is the loss of that body part.”).
Accordingly, we AFFIRM the judgment of the district court.

2