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FIDELITY & CAS. CO. OF NEW YORK v. McCOLLUM

No. 05-82-00226-CV.

656 S.W.2d 527 (1983)

FIDELITY & CASUALTY COMPANY OF NEW YORK, Appellant, v. Jeffrey Wayne McCOLLUM and Baylor University Medical Center, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Denied September 1, 1983.

Attorney(s) appearing for the Case

Kenneth K. Stephens, Dallas, for appellant.

Michael A. Robertson, Grand Prairie, Larry Hallman, Dallas, for appellees.

Before AKIN, STOREY and VANCE, JJ.

AKIN, Justice.

Fidelity and Casualty Company of New York, the compensation carrier and defendant, appeals from a workers' compensation award rendered in favor of the plaintiff, McCollum, after a jury trial. No issue was submitted to the jury on McCollum's average weekly wage rate nor was evidence adduced on this question. Some six weeks after judgment was rendered, the trial judge signed an order reciting that a stipulation was made on this issue. The carrier

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