Commercial Insurance Co. of Newark, NJ v. Lane

BATEMAN, Justice.

The jury in this workmen’s compensation case found appellee was partially disabled for two years.

By its first two points of error appellant challenges the correctness of the judgment in the absence of any proof or jury finding of the applicable wage rate. Appellee had pled her pre-injury wage rate and appellant filed only a general denial. The amendment of Section (n) of Rule 93, Vernon’s Texas Rules of Civil Procedure, adding subsection (8) to provide that wage rate, if pleaded, shall be presumed to be true as pleaded unless denied by verified pleadings became effective…