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POWELL v. CITY INS. CO.

No. 11-86-061-CV.

713 S.W.2d 793 (1986)

Joe L. POWELL, Appellant, v. CITY INSURANCE COMPANY, Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Denied August 14, 1986.

Attorney(s) appearing for the Case

James Pearson, Ponder & Pearson, Sweetwater, for appellant.

Mark M. Donheiser, Strasburger & Price, Dallas, for appellee.

OPINION

RALEIGH BROWN, Justice.

This is a workers' compensation case. Joe L. Powell sued City Insurance Company, the compensation carrier, for injuries he sustained while employed by Walls Industries, Inc. in Nolan County. The jury determined that Powell was totally and permanently incapacitated. It was conclusively established that Powell did not work 210 days during the year immediately preceding his injury; therefore, he attempted to establish his average...

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