Bituminous Casualty Company v. Whitaker

GRISSOM, Chief Justice.

In a jury trial of a workmen’s compensation case, judgment was rendered for the claimant against the insurance carrier for benefits resulting from findings of total permanent disability by the jury at the compensation rate of $35.00 per week, such rate being fixed by the court and, presumably, based upon its finding of average weekly wage. The insurer has appealed.

It was undisputed that the claimant was totally incapacitated as a result of an accident on March 17, 1959. Therefore, issue number 1 assumed such total incapacity and then inquired whether it was permanent or…