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Joe L. Powell, an employee of Walls Industries, Inc., filed a workers' compensation claim against City Insurance Company after sustaining injuries in Nolan County. The jury found Powell totally and permanently incapacitated. As Powell did not meet the 210-day work requirement, he attempted to establish his average daily wage under TEX.REV.CIV.STAT.ANN. art. 8309, sec. 1(2). The jury concluded there was no other employee of the 'same class' who met the statutory workdays in similar employment. Powell appealed the judgment, challenging the taxation of costs and the jury's finding regarding a 'same class' employee. The court reviewed the evidence, considering the similarities and differences in employment duties, and ultimately affirmed the judgment.
Powell v. City Insurance Co. is a workers' compensation case decided in Court of Appeals of Texas. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Court of Appeals of Texas.
Full Decision Text1 Pages
Joe L. Powell, an employee of Walls Industries, Inc., filed a workers' compensation claim against City Insurance Company after sustaining injuries in Nolan County. The jury found Powell totally and permanently incapacitated. As Powell did not meet the 210-day work requirement, he attempted to establish his average daily wage under TEX.REV.CIV.STAT.ANN. art. 8309, sec. 1(2). The jury concluded there was no other employee of the 'same class' who met the statutory workdays in similar employment. Powell appealed the judgment, challenging the taxation of costs and the jury's finding regarding a 'same class' employee. The court reviewed the evidence, considering the similarities and differences in employment duties, and ultimately affirmed the judgment.
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