Texas Indemnity Ins. Co. v. White, 2063.
| Decision Date | 17 March 1931 |
| Docket Number | No. 2063.,2063. |
| Citation | 37 S.W.2d 277 |
| Parties | TEXAS INDEMNITY INS. CO. v. WHITE. |
| Court | Texas Court of Appeals |
Appeal from District Court, Jefferson County; Thos. R. Coe, Judge.
Suit by Isaac White against the Texas Indemnity Insurance Company to review an award of the Industrial Accident Board. Judgment for plaintiff, and defendant appeals.
Affirmed.
Minor & Lipscomb, of Beaumont, for appellant.
Holland & Cousins and Howell & Howell, all of Beaumont, for appellee.
This is a compensation case tried upon appellee's appeal from an award of the Industrial Accident Board denying him the compensation claimed under the provisions of the Workmen's Compensation Act (Rev. St. 1925, art. 8306 et seq.). The following agreement was made upon the trial of the case to a jury: "It was admitted by defendant, Texas Indemnity Insurance Company that on the 18th day of June, 1928, it was the insurer for Magnolia Petroleum Company; that the Industrial Accident Board made an award in the matter of the claim of Isaac White, against the Texas Indemnity Insurance Company; that notice of dissatisfaction with the ruling of the Industrial Accident Board was given to the Company within twenty (20) days after the date of said award; and that suit was filed by the plaintiff, Isaac White in the District Court of Jefferson County, Texas, within twenty (20) days after giving notice of his dissatisfaction with the award of the Industrial Accident Board theretofore made on September 4th, 1929."
Answering special issues, the jury found that appellant sustained personal injuries on June 18, 1928, in the course of his employment with the Magnolia Petroleum Company, resulting in permanent total incapacity; his employer had actual notice of his injuries within thirty days after June 18, 1928; his physical condition was good cause for his failure to make claim for compensation within six months; his average weekly wage was $15.98; additional facts were found entitling him to a lump sum settlement. Judgment was accordingly entered in his favor for $3,377.90 "in the lump sum," with interest at 6 per cent.
Opinion.There being no evidence upon the issue, appellant insists that the trial agreement copied above was insufficient to show that "appellee filed his claim with the Industrial Accident Board." Appellant does not assign error against the finding of the jury on the issue of good cause for the failure to file the claim within six months. The point is that there is no evidence that the claim was ever filed. This proposition is denied. The agreement specifically states "that the Industrial Accident Board made an award in the matter of the claim of Isaac White." This agreement necessarily included the fact that the claim was filed, for otherwise the claim would not have been before the board for adjudication, and there would have been no basis for the award.
Appellant's second proposition is that the district court was without jurisdiction to try this case or, to state the proposition differently, that appellant failed to prove that the amount of his claim as adjudicated by the Industrial Accident Board was within the jurisdiction of the district court. The language of the proposition is: "It was incumbent upon the plaintiff to prove, among other things, (b) the nature of the claim, that is, whether for partial disability, total permanent disability or partial permanent disability and (c) the amount of his claim asserted before the ...
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