Aetna Insurance Co. v. Giddens

Plaintiff recovered judgment for workmen’s compensation in an amount computed upon the basis of a jury finding of “just and fair” average weekly wage. The court of civil appeals affirmed. Tex.Civ. App., 474 S.W.2d 29. This affirmance was based on the holding that plaintiff produced evidence that his average weekly wage could not be computed under Subdivision (2) of Section 1 of Article 8309, Vernon’s Annotated Civil Statutes, and, in any event, failure to so prove must be considered harmless.

When a workmen’s compensation claim is made, the compensation rate cannot be computed until the…