Texas Mutual Insurance Co. v. Cruz

OPINION

TERRY MeCALL, Justice.

This case involves the calculation under Section 408.041 of the Texas Workers’ Compensation Act of a decedent’s average weekly wage for the thirteen weeks prior to his death. 1 Tex. Lab.Code Ann. § 408.041(a) (Vernon 2006). The decedent, a welder, worked as an independent contractor and contracted with the employer to obtain workers’ compensation insurance. The contract provided that he would bill the company at the rate of “$19 per hour for equipment rental and supplies” and “$6.50 per hour for labor.” Thus, the calculation under Section 408.001 turns on what…