Norwich Union Indemnity Co. v. Wilson
| Decision Date | 24 January 1934 |
| Docket Number | No. 1726-6150.,1726-6150. |
| Citation | 67 S.W.2d 225 |
| Parties | NORWICH UNION INDEMNITY CO. v. WILSON et al. |
| Court | Texas Supreme Court |
George O. Wilson, of Dallas, for plaintiff in error.
William H. Flippen and White & Yarborough, all of Dallas, and John T. Gano, of Houston, for defendants in error.
This suit was brought by the defendant in error, R. L. Wilson, on a workman's compensation policy issued to his employer, the Uvalde Paving Company, by the plaintiff in error, Norwich Union Indemnity Company. The case was tried to a jury, on special issues, resulting in a judgment for Wilson against the said indemnity company. The Norwich Union Indemnity Company prosecuted an appeal, and the Court of Civil Appeals affirmed the judgment of the trial court. 43 S.W.(2d) 473. The said indemnity company made application to the Supreme Court for writ of error which was granted.
We have duly considered the grounds of error presented in the application for writ of error, and no reversible error is found except in a single respect, as hereinafter explained. In all other respects, we approve the holdings of the Court of Civil Appeals.
By the jury's findings the following facts were established:
On October 24, 1924, Wilson, an employee of the paving company, sustained personal injuries in the course of his employment; that such injuries permanently and totally incapacitated Wilson for work; that the amount of compensation payable to Wilson under the policy, computed as prescribed by the statutes, was $20 a week for 401 weeks from the date said injuries occurred; that on account of said injuries Wilson, for the period of 32 weeks and 3 days immediately following the occurrence of said injuries, was physically incapacitated to file his claim for compensation as prescribed by statute; that he filed such claim with the Industrial Accident Board of this state within 6 months after his physical incapacity to file such claim ended. It becomes proper to add that the fact is undisputed that, when Wilson filed his claim with the Industrial Accident Board, more than 6 months after he sustained said injuries had elapsed.
Since the Court of Civil Appeals, in its opinion to which we have referred, did not discuss specifically the contention of the indemnity company to the effect that the filing of Wilson's claim with the board occurred too late, we deem it proper to say here that, in our opinion, the contention is without merit, in view of the finding by the jury of Wilson's physical incapacity to file his claim for 32 weeks and 3 days following the date of his injuries. Article 8307, section 4a, of the compensation statute...
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