TEXAS EMPLOYERS'INSURANCE ASSOCIATION v. McMahon

Even though the dissent, as now drawn, contains the statement that no dissent is made to the conclusion reached by the majority as to the “class” of other employees, much is said by indirection.

After stating there is doubt as to the validity of such conclusion, it is observed in such dissent that a part-time able-bodied worker is now a full-time disabled worker. Then, the point is made that the other employees, who worked 210 days during the preceding year, were paid on an hourly basis, while plaintiff was compensated on a piece-work basis. The inference is left that payment by such different…