Powell v. City Insurance Co.

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 daily wage under TEX.REV.CIV.STAT.ANN. art. 8309, sec. 1(2) (Vernon 1967). The jury determined that there was not another employee of the…