Fidelity & Casualty Co. of New York v. McCollum

AKIN, Justice.

Fidelity and Casualty Company of New York, the compensation carrier and defendant, appeals from a workers’ compensation award rendered in favor of the plaintiff, McCollum, after a jury trial. No issue was submitted to the jury on McCollum’s average weekly wage rate nor was evidence adduced on this question. Some six weeks after judgment was rendered, the trial judge signed an order reciting that a stipulation was made on this issue. The carrier asserts there was no evidence to support the finding, made by the court, of McCollum’s average weekly wage rate. The trial court made…