American Home Assurance Co. v. Burnett

CORNELIUS, Chief Justice.

In this worker’s compensation suit Loyd Burnett recovered judgment for $7,571.20, representing benefits for partial incapacity. The judgment was based upon jury findings that, after a period of total incapacity for which benefits had already been paid, Burnett continued to suffer partial incapacity from January 16, 1976, until January 81, 1978, and that his average weekly wage earning capacity during such period was reduced from $276.46 to $75.00. American Home argues that those jury findings cannot be sustained on appeal because the undisputed evidence showed that…