Federal Underwriters Exchange v. Thompson

• Court: Texas Supreme Court
• Writing for the Court: Critz
• Citation: Federal Underwriters Exchange v. Thompson, 148 S.W.2d 1092, 136 Tex. 194 (Tex. 1940)
• Decision Date: 27 March 1940
• Docket Number: No. 7722.,7722.
• Parties: FEDERAL UNDERWRITERS EXCHANGE v. THOMPSON.

148 S.W.2d 1092

FEDERAL UNDERWRITERS EXCHANGE v. THOMPSON.

No. 7722.

Supreme Court of Texas.

March 27, 1940.

Motion for Rehearing Dismissed March 26, 1941.

Error to Court of Civil Appeals of Ninth Supreme Judicial District.

Suit under the Workmen's Compensation Act by D. A. Thompson to set aside an award of the Industrial Accident Board in favor of the Federal Underwriters Exchange. Judgment for plaintiff was affirmed by Court of Civil Appeals, 137 S. W.2d 106, and defendant brings error.

Judgments of the district court and the Court of Civil Appeals affirmed.

James F. Parker, of Kountze, and Gordon, Sharfstein, Bell & Weinert and John L. Bell, all of Beaumont, for plaintiff in error.

R. A. Richardson, of Kountze, and D. F. Sanders and John A. Veillon, both of Beaumont, for defendant in error.

CRITZ, Justice.

This is a Workmen's Compensation case. It was filed in the District Court of Hardin County, Texas, by D. A. Thompson against Federal Underwriters Exchange to recover compensation for injuries resulting from a hernia alleged to have been received by Thompson while working in the course of his employment for Peavy-Moore Lumber Company. Federal Underwriters Exchange was the Lumber Company's compensation insurance carrier. The Industrial Accident Board rendered a final award adverse to Thompson in toto, thereby refusing him any compensation whatever. Thompson appealed to the district court, where he contended for and was awarded a judgment against the above-named insurance carrier as for a general injury. On appeal this judgment was affirmed by the Beaumont Court of...