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TEXAS MUT. INS. CO. v. CRUZ

No. 11-08-00118-CV.

307 S.W.3d 925 (2010)

TEXAS MUTUAL INSURANCE COMPANY, Appellant, v. Sandra CRUZ, Individually and as Next Friend of Cesar Cruz, Narada Cruz, and Miguel Cruz, Appellee.

Court of Appeals of Texas, Eastland.

March 18, 2010.

Attorney(s) appearing for the Case

Russell C. Beard, Johnna McArthur, Beard Law Firm, Abilene, Thomas F. Nye, Robert W. Clore, Gault, Nye, Quintana, L.L.P., Corpus Christi, for Appellant.

Kevin B. Miller, Royce V. Bicklein, Law Offices of Miller & Bicklein, P.C., Odessa, Mark A. Cevallos, Law Offices of Miller & Bicklein, P.C., San Antonio, for Appellee.

Panel consists of: WRIGHT, C.J., McCALL, J., and STRANGE, J.

OPINION

TERRY McCALL, Justice.

This case involves the calculation under Section 408.041 of the Texas Workers' Compensation Act of a decedent's average weekly wage for the thirteen weeks prior to his death.1 TEX. LAB.CODE ANN. § 408.041(a) (Vernon 2006). The decedent, a welder, worked as an independent contractor and contracted with the employer to obtain workers' compensation insurance. The contract provided that he would...

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