McCummings v. ANDERSON THEATRE CO.

Taylor, Justice.

The Circuit Judge affirmed in toto the findings of the Commission to the effect that claimant’s compensation rate is to be based upon his total earnings and the employer and its carrier appeal to this Court contending that there was error in the following particulars :

1. In affirming the award of the Industrial Commission to respondent, the error being that the uncontradicted evidence establishes that the average weekly wage of respondent, for the purposes of a workmen’s compensation claim against the employer, was $6.00 per week, so that the minimum allowance of $5.00 per…