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UNITED STATES FIDELITY & GUARANTY CO. v. CAMP

No. 14099.

367 S.W.2d 952 (1963)

UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellant, v. Bobby J. CAMP, Appellee.

Court of Civil Appeals of Texas, Houston.

Rehearing Denied May 30, 1963.

Attorney(s) appearing for the Case

Ramey, Brelsford, Hull & Flock, Donald Carroll, Tyler, for appellant.

Gordon Wellborn, Houston, Phenix & Keeling, Rex Houston, Henderson, John B. McDonald, Palestine, for appellee.

WERLEIN, Justice.

This is a workmen's compensation case in which judgment was rendered on the jury verdict in favor of appellee for total, permanent incapacity benefits and certain medical expenses.

Appellee undertook to establish his average weekly wage under Article 8309, Sec. 1(1), which provides:

"If the injured employee shall have worked in the employment in which he was working at the time of the injury, whether for the same employer or not...

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