Texas Mutual Insurance Company v. Sandra Cruz, Individually and as Next Friend of Cesar Cruz, Narada Cruz, and Miguel Cruz

**Workers' Compensation Wage Calculation Dispute** This case involved a dispute over how much money a deceased worker's family should receive in workers' compensation benefits. The worker had died in a job-related accident at Wagner Manufacturing and Fabrication Company. His family argued that his average weekly wage should be calculated as $581, which would result in higher death benefits. However, the insurance company (Texas Mutual) claimed his wage should only be $354. The key issue was whether equipment rental payments the worker received should count as part of his wages. The trial court jury originally sided with the family and included these payments in the wage calculation. The appeals court overturned this decision and ruled in favor of the insurance company. The court determined that equipment rental payments cannot be included when calculating a worker's average weekly wage for workers' compensation purposes, based on Texas Workers' Compensation Commission rules. **What this means for workers:** This ruling clarifies that not all payments from employers count toward your wages for workers' compensation calculations. Equipment rental reimbursements and similar payments are excluded, which could result in lower benefit amounts if you're injured or killed on the job.