TRINITY UNIVERSAL INSURANCE COMPANY v. SCOTT

No. 16157.

342 S.W.2d 348 (1961)

TRINITY UNIVERSAL INSURANCE COMPANY, Appellant, v. Jack L. SCOTT, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied February 3, 1961.


Attorney(s) appearing for the Case

Jones, Parish, Fillmore, Robinson & Lambert, and Harold Jones, Wichita Falls, for appellant.

Mock, Spell & Schenk, and Kenneth C. Spell, Jr., Wichita Falls, for appellee.


MASSEY, Chief Justice.

The primary question posed on this appeal is whether or not, under the Texas Workmen's Compensation Act, Vernon's Ann.Tex.St., Art. 8306 et seq., an injured workman may secure a valid judgment for total and permanent disability when he is at time of the trial actually earning money in excess of the wages upon which his weekly compensation is calculated.

We do not consider this to be an open question in view of prior decisions upon the...

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