WY 17, 1362 

Honorable J. Overby Smith Opinion No. tfl>!-l389 

Chairman, Industrial Accident 

Board Xe: Under Section 6 of Article 

Valton Building 8306 of Vernon's civil 

Austin, Texas Statutes, should the first 

day which an injured enployee is unable to perforE his regular task for 

any part of such day be 

counted as the first day 

of incapacity for purposes 

Dear Xr. Smith: of this section? 

You have requested the opinion of this o.Cfice concerning Section 6 of Article 8306 of Vernon's civil Statutes 

as it applies to determine when an incapacitated employee becomes entitled to \workoenls compensation benefits. 

Section 6 of Article 8306 of ‘v'ernonls civil Statutes 

provides: 

"NO compensation shall be paid under 

this law for an injury which does not incapacitate the employee for a period of at 

least one week from earning full wages, but 

if incapacity extends beyond one week cotxpensation shall begin to accrue on the eighth 

day after the injury. The medical aid, hospital services, chiropractic services, and 

medicines, as provided for in Section 7 hereof, shall be scpplied as and when needed and 

according to the terms and provisions of said 

Section 7, If incapacity does not follow at 

once after the infliction of the in.jury or 

within eight days thereof but does result subsequently, compensation shall begin to accrue 

with the eighth day after the date incapacity 

commenced. In any event the er;ployee shall 

be entitled to the medical aid, hospital service, chiropractic service, and medicines 

provided In this law. Provided further that 

if such incapacity continues for four (4) 

weeks or longer, compensation- shall be com- 
_.. . 

Honorable J. Cverby Smith, page 2 (W-1389) 

puted from the Inception date of such Incapacity." 

The question you have submitted is as follows: 

"Should the first day regardless of time 

of day in which the injured employee is unable 

to perform his regular task for any part of 

the day, be considered and counted as the 

first day of incapacity?" 

The answer to yoz question depends upon the meaning 

to be given to the terms "eighth day after the injury” and 

"eighth day after the date incapacity commenced" as used in 

Section 6 of Article 8306. Although the specific question you 

ask has not heretofore been passed upon by our appellate courts, 

nonetheless, a consideration of cases in which the computation 

of the compensation allowed by Section 6 of Article 8306 has 

been either approved as made by the trial court or refer-ed 

by the appellate court indicate that your question must be 

answered in the affirmative. 

First, in the case of United Employers Casualty 30. 

v. Oden, 150 S.W.2d 114 (Civ.App. 1941, Zrror Dism., .Judgm. 

Cor.)t page 117 we find stated: 

9, 

. . .The compensation period begins on 

the date when incapacity arises and ends iFjall events at the exniration of 401 weeks 

after the date when the accidental ln.juries 

are sustained. Texas Employers Ins. AssIn. 

V. Guidry, 128 Tex. 433, 99 S.W.2d 900; 

Traders & General Ins. Co. v. Watson, Tex. 

Civ.App., 131 S.W.2d 1103; Maryland Cas. 

Co. v. Abbott, Tex.Civ.App., 131 S.W.2d 

171. . ..It (Emphasis ours) 

In ICT Insurance Company v. Gunn, 294 S.>!.2d 435 

(Civ.App. 1956) the following statements of the Court bear 

upon the question at hand, at page 444: 

"Appellantts fourth point Is substantially 

that the co-rt erred in entering judgment for 

workmen's compensation benefits for the full 

period of 401 weeks after June 15, 1955, when 

the jury found that the injury occurred on 

June 29, 1954, for the reason that, as a 

matter of law, compensation benefits for total 

disability can be recovered only for a period 
Honorable .J. Overby Smith, page3(W-l389) 

of 401 weeks after date of injury rather 

than after date disability commenced. 

It 

. . . 

"It is without dis 

E 

ute that appellee was 

injured on .June 29, 195 , and M-at his total 

disability began on .June 15, 1955, all of 

which,,is found in the findings of the jury. 

. . . 

Continuing at page 445: 

II 

. . .it being without dispute that 50 

weeks lapsed from the date of injury to the 

date of appellee's total permanent disability, 

that the judgment entered by the trial court 

must be credited with 50 weeks at $25 per 

week, or a total credit of $1,250, and the 

judgment entered by the trial cozt is reformed. . . .' 

Since, as held in the Oden Case, supra, the 401 

week period began to run on the 29th day of .June, 1954, and 

credi .ting 50 weeks from tms date carries through the 14th 

day of June, 1955, thus allowing the claimant com:pensation 

from the first day of his incapacity without regard to the 

time of day. 

We consider to be directly in point Royal Indernity 

Co. v. Jones, ---7- 201 S.W.2d 129 (Tex.Civ.App. 1947, error rei. 

n.r.e.) wherein the claimant was injured on .July 18, 1945, and 

became incapacitated on November 30, 1945. The court awarded 

compensation from December 7, 1945, thus holding that December 

7, 1945, was the eighth day after the claimants incapacity commenced, which of necessity counted November 30, 1945, as the 

first day of Incapacity without regard to the time of day that 

the incapacity commenced. 

In view of the foregoing holdings your question is 

hereby answered in the affirmative and you are advised that 

the first day, regardless of the time of day, wherein an injured employee is unable to perform his regular task is to 

be considered the first day of incapacity. 
. . ‘- 

.’ ’ 

Honorable .J. Overby Smith, page 4 (W-1389) 

SUMMARY 

Under the provisions of Section 6 of 

Article 8306 of Vernon's Civil Statutes, 

the first day, regardless of time of day, 

wherein an injured employee is unable to 

perform his regular task shall be considered and counted as the first day 

of incapacity. 

Very truly yours, 

WILL !JILSON 

Attorney General of Texas 

::OS : mkh 

APPROVED: 

CPINION CCMMITTEE 

:I. V. Geppert, Chairman 

St Bailey 

See Csborn 

Xarietta Payne 

LN 

By :w . 0. 

Assistant 

REVIEWED FOR THE ATTORNEY GENERAL 

3Y: L,eonard ?assmore