Lozano v. Vigilant Insurance Co.

OPINION ON APPLICATION FOR WRIT OF ERROR

In this worker’s compensation case, the trial court rendered a take nothing judgment against Frank F. Lozano. That court overruled a motion for new trial in which Lozano contended that the jury’s finding of permanent partial incapacity was in fatal *286conflict with their finding of a $170 per week earning capacity during partial incapacity. Although Lozano contended on appeal that there had been a stipulation that his average weekly wage prior to injury was also $170 per week, the court of appeals observed that as no statement of facts had been submitted…