MOLINA v. TEXAS EMPLOYERS' INSURANCE ASSOCIATION

No. 17923.

486 S.W.2d 119 (1972)

Basilio MOLINA, Appellant, v. TEXAS EMPLOYERS' INSURANCE ASSOCIATION, Appellee.

Court of Civil Appeals of Texas, Dallas.

September 28, 1972.


Attorney(s) appearing for the Case

George Busch, Fort Worth, for appellant.

James E. Henderson, Henderson, Bryant & Wolfe, Sherman, for appellee.


BATEMAN, Justice.

This workmen's compensation case was tried to a jury and judgment was rendered for the lump sum of $4,902.72. Claiming to be entitled to a larger award, the workman appeals.

His first point of error complains that the trial court erred in failing to base its award upon an average daily wage of $19.61 at the time of injury, because appellant had alleged that rate and appellee had failed to deny it under oath, as required by Rule 93(n)(8),...

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