Petroleum Casualty Co. v. Webb
| Decision Date | 18 March 1936 |
| Docket Number | No. 1596-6472.,1596-6472. |
| Citation | 92 S.W.2d 236 |
| Parties | PETROLEUM CASUALTY CO. v. WEBB. |
| Court | Texas Supreme Court |
Plaintiff in error, Petroleum Casualty Company, hereinafter referred to as insurer, appealed from an award of the Industrial Accident Board in favor of defendant in error, William C. Webb, the claimant.
The claimant filed a plea to the jurisdiction of the court alleging want of jurisdiction upon certain grounds not necessary to be stated. In his answer following the allegations that the injury received resulted in a hernia within the provisions of section 12b, article 8306, Revised Statutes 1925 of the Workmen's Compensation Act, claimant pointed out that he had not submitted, and had not been ordered to submit, to an operation by any final order of the Industrial Accident Board. The trial court sustained the plea to the jurisdiction apparently upon other grounds, and dismissed the case. The Court of Civil Appeals affirmed the judgment of dismissal. 54 S.W. (2d) 1066.
The case upon the face of the record is controlled by Tally v. Texas Employers' Insurance Association (Tex.Com.App.) 48 S. W.(2d) 988, 990. It appears from the copy of the award set out in the transcript that it is substantially identical with the award made by the board in the Tally Case. Commissioner Leddy, speaking in that case for Section B of the Commission, after directing attention to the stipulations of the hernia section of the act, supra, says: ...
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Federal Underwriters Exchange v. Guest, 1901.
...said award is not final and, hence, not appealable. Texas Emp. Ins. Ass'n v. Marsden, 127 Tex. 84, 92 S.W.2d 237; Petroleum Cas. Co. v. Webb, 127 Tex. 91, 92 S.W.2d 236; Tally v. Texas Emp. Ins. Ass'n, Tex.Com.App., 48 S.W.2d 988; Texas Emp. Ins. Ass'n v. Lemons, 125 Tex. 373, 83 S.W.2d 658......
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...of the courts can be invoked. Talley v. Texas Employers Insurance Association, Tex.Com.App., 48 S.W.2d 988; Petroleum Casualty Co. v. Webb, 127 Tex. 91, 92 S.W.2d 236. It may be conceded, without deciding, that the writ of mandamus is available to the parties in interest for the purpose of ......
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