Standard Fire Insurance Co. v. Morgan

OPINION

DIES, Chief Judge.

This is a workers’ compensation case in which plaintiff below, in a jury trial, recovered for temporary total and partial disability and some of her alleged medical expenses. The carrier, defendant below, appeals to this court on two points of error.

The first point of error complains “[Plaintiff] failed as a matter of law to establish a wage rate in accordance with the Texas Workers’ Compensation Act....”

The challenge is that plaintiff failed to negative subsection 2, 1 of the three methods of proving a wage rate under the Act, before moving on to the third method…