Gayler v. Renfro, 8924

• Decision Date: 24 January 1979
• Docket Number: No. 8924,8924
• Citation: 576 S.W.2d 911
• Parties: Billie Sue GAYLER, Appellant, v. Donald Eugene RENFRO, Appellee.
• Court: Texas Court of Appeals

Page 911

576 S.W.2d 911

Billie Sue GAYLER, Appellant, v. Donald Eugene RENFRO, Appellee.

No. 8924.

Court of Civil Appeals of Texas, Amarillo.

Jan. 24, 1979.

Miller & Miller (John H. Tull, Jr.), Amarillo, for appellant.

Fitzjarrald & Poole (J. O. Fitzjarrald), Amarillo, for appellee.

ROBINSON, Chief Justice.

Plaintiff, Billie Sue Gayler, instituted suit to set aside a ruling of the Industrial Accident Board awarding death benefits under the Workers' Compensation Act for the death of her son, Donald David Gayler. One-half of the total benefits was awarded to plaintiff Billie Sue Gayler; the remaining half was awarded to Donald Eugene Renfro, the deceased's father. Plaintiff sought recovery of the one-half benefits awarded the father. The trial court, in an interpleader suit by the insurance carrier, entered judgment that plaintiff take nothing and the father recover his one-half benefits. Plaintiff appeals. Affirmed.

The evidence was stipulated to by the parties. The natural parents of the deceased are plaintiff, Billie Sue Gayler, and Donald Eugene Renfro. (Donald Eugene Renfro is defendant in interpleader and will be referred to in this opinion as defendant.) Plaintiff and defendant were divorced in 1953. Deceased did not see his father after the age of seven years. Deceased had never married.

Deceased was killed on February 26, 1976. On April 26, 1976, the first claim for workers' compensation benefits was filed. This claim listed only Billie Sue Gayler under "names and addresses of beneficiaries." The final paragraph of the claim contained the recitation: "This claim for compensation, with respect to such injury and because of the death of the deceased, is made in behalf of and for each and all of the legal Beneficiaries of the deceased, as well as by and for the undersigned, he herein acting for himself and such legal Beneficiaries."

It is stipulated that the claim was settled by a compromise settlement agreement. At the first pre-hearing conference on July 11, 1976, one-half of the total death benefits was awarded to plaintiff pursuant to the agreement. Above the endorsement on the check issued by the insurance company to plaintiff as payment under the settlement agreement was written: "Endorsement of this draft by the parties below does not waive any portion of any benefits as yet unpaid, if any, relating to said claim."

On July 30, 1976, plaintiff filed the second claim for workers' compensation benefits. This claim listed Billie Sue Gayler and Donald Eugene Renfro as beneficiaries, but recited that it was filed only on behalf of Billie Sue Gayler. On January 28, 1977, the second pre-hearing conference was held and the Board ordered one-half of the total benefits be paid to Donald Eugene Renfro. This order was made final at the formal hearing.

Plaintiff gave notice that she would not abide by the ruling of the Board, and filed suit against the insurance carrier to recover the one-half benefits ordered paid to defendant. The insurance carrier, the original defendant, filed an interpleader action and tendered the one-half of the benefits still in question into the registry of the court. Judgment was rendered for the insurance company on its interpleader suit. No complaint is made of that action. Plaintiff appeals from the portion of the judgment finding that defendant was the proper beneficiary of the disputed one-half of the benefits.

Plaintiff contends that Donald Eugene Renfro failed to file a claim with the Industrial Accident Board within the required time. The workers' compensation statute requires that, where injury resulted in death of the employee, a claim for compensation must be filed by his beneficiaries within six months after his death. Tex.Rev.Civ.Stat.Ann. art. 8307, § 4a (Vernon 1967).

A claim for compensation filed with the Industrial Accident Board, in the form prescribed by law, gives the Board full jurisdiction to determine all issues of fact and law arising on the claim and brings before the Board all statutory claimants. Commercial Standard Ins. Co. v. Austin, 128 S.W.2d 836, 838 (Tex.Civ.App.-Beaumont 1939, writ dism'd judgmt cor.); Traders & General Ins. Co. v. Boysen, 123 S.W.2d 1016, 1027 (Tex.Civ.App.-Beaumont 1939, writ dism'd judgmt cor.). The statute does not require that each beneficiary file a claim; a claim filed by one beneficiary on behalf of himself and other beneficiaries is sufficient...