(DOWNLOAD) "Industrial Accident Board v. Miears" by Supreme Court of Texas # Book PDF Kindle ePub Free
eBook details
- Title: Industrial Accident Board v. Miears
- Author : Supreme Court of Texas
- Release Date : January 19, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Plaintiff, the injured employee, was a one-eyed man in November, 1947 at the time he lost the sight of his left eye by a compensable injury under the Workmens Compensation Law. Vernons Ann.Civ.St. art. 8306 et seq. The compensation carrier promptly paid him the appropriate compensation under the law for the loss of an eye. Previously, in 1929, in connection with his employment by the Southern Pacific Railroad, plaintiff had lost the sight of his right eye by a non-compensable injury. In connection with the loss of plaintiffs left eye, the Industrial Accident Board awarded plaintiff compensation out of the Second Injury Fund (which was created and set up by the Workmens Compensation Law) for 201 weeks. The plaintiff, conceiving himself entitled under the law, to an award out of the Second Injury Fund for 301 weeks disability, filed suit against the Board in the District Court of Harris County, as an appeal from an award of the Board. No question was made before the Board, or before the court below, but that plaintiff was a totally disabled person under the law, and was entitled to participate in the Second Injury Fund to the extent authorized by law for total permanent disability. No contention was made by plaintiff that the insurance company had not fully discharged its liability, and the Board alone was sued by plaintiff, to the end that plaintiff recover 301 weeks compensation out of the Second Injury Fund, instead of the 201 weeks awarded by the Board.