BITUMINOUS CASUALTY COMPANY v. WHITAKER

No. 3705.

356 S.W.2d 835 (1962)

BITUMINOUS CASUALTY COMPANY, Appellant, v. Joe E. WHITAKER, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied May 18, 1962.


Attorney(s) appearing for the Case

Beckmann, Stanard, Wood & Vance, San Antonio, G. Curtis Jackson, Crystal City, for appellant.

G. Woodson Morris, Guy Bonham, San Antonio, for appellee.


GRISSOM, Chief Justice.

In a jury trial of a workmen's compensation case, judgment was rendered for the claimant against the insurance carrier for benefits resulting from findings of total permanent disability by the jury at the compensation rate of $35.00 per week, such rate being fixed by the court and, presumably, based upon its finding of average weekly wage. The insurer has appealed.

It was undisputed that the claimant was totally incapacitated as a result...

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