Molina v. Texas Employers' Insurance Ass'n

BATEMAN, Justice.

This workmen’s compensation case was tried to a jury and judgment was rendered for the lump sum of $4,902.72. Claiming to be entitled to a larger award, the workman appeals.

His first point of error complains that the trial court erred in failing to base its award upon an average daily wage of $19.61 at the time of injury, because appellant had alleged that rate and appellee had failed to deny it under oath, as required by Rule 93 (n) (8), Vernon’s Texas Rules of Civil Procedure. Under the statutory formula (Tex.Rev.Civ.Stat.Ann. art. 8309, sec. 1, subdivision (1)), the…