Consolidated Casualty Insurance Company v. Smith

BELL, Chief Justice.

Appellee, as plaintiff, brought this suit to recover compensation for permanent partial disability alleged to have resulted from an injury received by him as an employee of the Sinclair Refining Company.

This is the second appeal of this case. On the first trial the trial court instructed a verdict against appellee on the theory that since he had returned to work he had earned more weekly wages than previous to his injury and, therefore, as a matter of law, his capacity to work and earn money had not been lessened. This Court reversed and remanded the case, holding that…