Martin v. Travelers Ins. Co.

• Court: Texas Court of Appeals
• Writing for the Court: Monteith
• Citation: Martin v. Travelers Ins. Co., 196 S.W.2d 544 (Tex. App. 1946)
• Decision Date: 11 July 1946
• Docket Number: No. 11791.,11791.
• Parties: MARTIN v. TRAVELERS INS. CO.

Page 544

196 S.W.2d 544

MARTIN v. TRAVELERS INS. CO.

No. 11791.

Court of Civil Appeals of Texas. Galveston.

July 11, 1946.

Rehearing Denied October 3, 1946.

Appeal from District Court, Harris County; Phil D. Woodruff, Judge.

Suit under the Workmen's Compensation Act by Ottie C. Martin to set aside an award of the Industrial Accident Commission in favor of the Travelers Insurance Company, insurance carrier. From a judgment denying relief, plaintiff appeals.

Reversed and rendered.

James V. Allred and Devereaux Henderson, both of Houston, for appellant.

James W. Mehaffy, of Houston (Baker, Botts, Andrews & Wharton, of Houston, of counsel), for appellee.

MONTEITH, Chief Justice.

This is an appeal from a judgment denying appellant, Ottie C. Martin, Workmen's Compensation benefits for injuries alleged to have been received by him in the course of his employment with the Houston Shipbuilding Corporation which carried compensation insurance with appellee, Travelers Insurance Company.

In answer to special issues submitted a jury found that appellant was totally incapacitated as a result of an accidental injury to his heart sustained in the course of his employment with the Houston Shipbuilding Corporation and that such total incapacity was permanent and was due solely to such injury.

The jury found that in February of 1944 plaintiff was first told that he had a heart condition which was probably caused by an accidental injury; that a person of ordinary prudence, under the same or similar circumstances, in the exercise of ordinary care, would not have ascertained the facts surrounding his heart condition before appellant did and that a person of ordinary prudence under the same or similar circumstances would not have filed his claim before the Industrial Accident Board before May, 1944.

The trial court rendered judgment notwithstanding the jury's verdict denying relief to appellant, holding that he had not shown good cause for failure to file his claim with the Industrial Accident Board within the six months period provided by statute after the occurrence of his injury.

It is undisputed that appellant sustained accidental injuries by falling into a manhole while engaged in the capacity of metal straightener at the Houston Shipbuilding Company's plant. He was treated for minor injuries at the Company hospital, but made no claim for compensation for his injuries at that time and continued working at the plant until March 15, 1944. He filed his claim for compensation benefits with the Industrial Accident Board on May 25, 1944.

It is agreed by the parties that the sole issue presented in the appeal is whether there is sufficient evidence in the record to support the jury's finding that appellant had shown "good cause" for his failure to file his claim with the Industrial Accident Board within the six-months' period provided by statute and until his claim was actually filed with the Board.

The grounds relied upon by appellant as constituting "good cause" for his delay in filing his claim with the Board for a period of approximately 18 months after the occurrence of his injury were, in substance, that he had been advised by physicians on whom he relied that his condition was due to rheumatism and to heart trouble caused by syphilis and that he was not advised definitely until shortly before he filed his claim with the Industrial Accident Board that his condition was due to the injuries received by him on November 12, 1942. He alleged that he had relied upon this advice and that but for such reliance thereon he would have taken steps to learn and would, in all probability, have learned much sooner that his condition and disability was caused by the injuries received in said fall, and that he would then have filed his claim with the Industrial Accident Board without delay.

Section 4a of Article 8307, Vernon's Ann. Civil Statutes, provides that no proceeding for compensation for injury under the Workmen's Compensation Act shall be maintained unless a claim for compensation therefor shall have been made within six months after the occurrence of the injury, but that "* * * for good cause the board may, in meritorious cases, waive the strict compliance with the foregoing limitation as to * * * the filing of the claim before the board."

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