Sims v. Travelers Insurance Co.

MASSEY, Chief Justice.

Under the Texas Workmen’s Compensation Law an injured employee is com*808pensated for “general” partial incapacity by calculating 60% of the difference between his average weekly wages before he was injured and his average weekly wage earning capacity during the existence of the partial incapacity, — not to exceed $35.00 per week and not for a greater time period than 300 weeks. Vernon’s Ann.Tex.Civ.St. Art. 8306, § 11.

When such an employee’s period of total incapacity ceases, and he has a residual temporary partial incapacity which is not “general” but consists in a…