BURTON v. UNITED STATES FID. & GUAR. CO.

No. 6791.

582 S.W.2d 565 (1979)

Melvin BURTON, Jr., Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied June 13, 1979.


Attorney(s) appearing for the Case

Burnett & Ahders Associated, Warren Burnett, W. Ruff Ahders, Norma Venso, Odessa, for appellant.

Rassman, Gunter & Boldrick, James P. Boldrick, Leslie G. McLaughlin, Midland, for appellee.


OPINION

OSBORN, Justice.

This is a workmen's compensation case in which the jury found that the claimant sustained permanent partial incapacity and found the average weekly wage earning capacity during such partial incapacity to be more than the stipulated average weekly wage of the claimant prior to his injury. The Appellant appeals from a take nothing judgment. We reverse and remand.

The claimant sustained...

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