Fidelity & Casualty Co. of New York v. Read

OPINION

WILSON, Justice.

The carrier’s contentions in this appeal from a workmen’s compensation judgment are that the evidence is factually and legally inadequate to sustain the jury’s finding that the employee’s wage-earning capacity during permanent partial incapacity was $35 per week. We overrule appellant’s points and affirm.

The carrier does not argue that the employee is not permanently incapacitated or that his injuries are not severe. Its position is that the burden is on the employee to adduce evidence that he will have some wage-earning capacity “other than none” during disability; and…