Employers Reinsurance Corp. v. Beaty

J. CURTISS BROWN, Chief Justice.

In this workers’ compensation case the issue is whether money received by an employee for holidays, vacations, and disability is included within the scope of “average daily wage” as defined in the Texas Workers’ Compensation Act.

Appellee, James Beaty, sued appellant, Employers Reinsurance Corporation, for compensation for work related back injuries. After trial to the jury, the trial court, upon appellee’s motion, disregarded the answer to Special Issue 13, which provided:

Find from a preponderance of the evidence the average daily wage which plaintiff earned…