Richard J. Griffin v. Superior Insurance Company

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that the claimant failed to meet the statutory burden of showing that average weekly wages could not be computed under Subdivisions 1 or 2 of Art. 8309, §1, and therefore could not recover under Subdivision 3; the dissenting Justices argued that the evidence supported a finding of impracticability and that the voluntary insurer payments were evidentiary of the correct rate.