Aetna Insurance Company v. Giddens

BARROW, Chief Justice.

I respectfully dissent. The opinion of the majority is contrary to the recent holding of the Supreme Court in Texas Employers’ Insurance Association v. Shannon, 462 S.W.2d 559 (Tex.1970). There, as in this case, plaintiff was found to have been totally and permanently disabled after a general injury. The jury found, as in this case, that there was no other workman of the same class as plaintiff who had worked substantially the whole of the year in the area, and that a fair and just wage rate would be a sum substantially above the amount required for maximum weekly…