Southern Casualty Co. v. Posey

Fifth Circuit

Southern Casualty Co. v. Posey

47 F.2d 1074, 1931 U.S. App. LEXIS 3629

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 24, 1931

DocketNo. 5864

StatusPublished

Cited by3 cases

This text of 47 F.2d 1074 (Southern Casualty Co. v. Posey) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Southern Casualty Co. v. Posey, 47 F.2d 1074, 1931 U.S. App. LEXIS 3629 (5th Cir. 1931).

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Opinion

BRYAN, Circuit Judge.

This is an appeal from a judgment in favor of an employee against the insurer of his employer, under the Workmen’s Compensation Act of Texas, Revised Civil Statutes, arts. 8306-8309. The only question raised by the insurer 'is that the court was without jurisdiction, because the Industrial Accident Board had not made a final ruling on the employee’s application for a lump-sum settlement or for a reduction of periods of payment and a corresponding increase in the rate of payment. The act requires that any dispute as to compensation be first submitted to the Industrial Accident Board, and authorizes an appeal to the courts only after a final ruling of that board. While the employee’s application was pending before it, the board ordered that the hearing thereon, the date for which had been fixed, be “can-celled for the present or until the claimant reaches maximum recovery or the Insurance Company prematurely suspends compensation payments.”

In Southern Casualty Co. v. Todd (Tex. Com. App.) 29 S.W.(2d) 973, 974, decided since this appeal was taken, an order made by the Industrial Accident Board declining to “set the ease for hearing at this time” was held hy the Supreme Court of Texas to constitute such a final ruling as to authorize suit. In that case Jones v. Texas Indemnity Ins. Co. (Tex. Civ. App.) 15 S.W.(2d) 1077, taking the opposite view, was disapproved. The orders of the Industrial Accident Board in the Todd Case and in this ease are in effect the same. We accept the construction placed upon the provision of the Act in question by the Supreme Court of Texas.

The judgment is affirmed.

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BRYAN, Circuit Judge.

This is an appeal from a judgment in favor of an employee against the insurer of his employer, under the Workmen’s Compensation Act of Texas, Revised Civil Statutes, arts. 8306-8309. The only question raised by the insurer 'is that the court was without jurisdiction, because the Industrial Accident Board had not made a final ruling on the employee’s application for a lump-sum settlement or for a reduction of periods of payment and a corresponding increase in the rate of payment. The act requires that any dispute as to compensation be first submitted to the Industrial Accident Board, and authorizes an appeal to the courts only after a final ruling of that board. While the employee’s application was pending before it, the board ordered that the hearing thereon, the date for which had been fixed, be “can-celled for the present or until the claimant reaches maximum recovery or the Insurance Company prematurely suspends compensation payments.”

In Southern Casualty Co. v. Todd (Tex. Com. App.) 29 S.W.(2d) 973, 974, decided since this appeal was taken, an order made by the Industrial Accident Board declining to “set the ease for hearing at this time” was held hy the Supreme Court of Texas to constitute such a final ruling as to authorize suit. In that case Jones v. Texas Indemnity Ins. Co. (Tex. Civ. App.) 15 S.W.(2d) 1077, taking the opposite view, was disapproved. The orders of the Industrial Accident Board in the Todd Case and in this ease are in effect the same. We accept the construction placed upon the provision of the Act in question by the Supreme Court of Texas.

The judgment is affirmed.

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Bluebook (online)

47 F.2d 1074, 1931 U.S. App. LEXIS 3629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southern-casualty-co-v-posey-ca5-1931.

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