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TEXAS EMPLOYERS' INS. ASS'N v. LARA

No. C-4086.

711 S.W.2d 224 (1986)

TEXAS EMPLOYERS' INSURANCE ASSOCIATION, Petitioner, v. Jesse LARA, Respondent.

Supreme Court of Texas.

Rehearing Denied July 9, 1986.

Attorney(s) appearing for the Case

Roger M. Townsend, Fulbright & Jaworski, Houston, for petitioner.

Donna Cywinski, Harvill, Hardy & Milutin, Houston, for respondent.

RAY, Justice.

This worker's compensation case involves the correct wording of an issue regarding a reduction in earning capacity. At trial the jury found that Jesse Lara had suffered a 25 per cent reduction in his earning capacity. To arrive at weekly compensation benefits during Lara's partial incapacity, the trial court applied the reduction to Lara's stipulated wage rate. However, the stipulation had not been disclosed to the jury. The court of appeals affirmed...

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