Opinion
No. 7416.
Decided December 7, 1938. Rehearing overruled January 25, 1939.
Workmen's Compensation — Jurisdiction of Court.
The claim of an injured employee, with the Industrial Accident Board, need not allege the amount of compensation claimed nor facts from which such amount may be determined as a prerequisite to a suit by an employee to set aside the award of the board.
Error to the Court of Civil Appeals for the Fourth District, in an appeal from Bexar County.
Suit by Joe Ware against the Aetna Casualty Surety Company as an appeal from an order of the Industrial Accident Board with reference to certain proceedings instituted by him before said board, wherein the board held that Ware had "failed to sustain the burden imposed upon him by law to establish by proof that the condition of which he complains is the result of the injury suffered in the course of his employment for the subscribing employer." Plaintiff was injured while pushing a car on gravel ground into a filling station at the Brooks Field Post Exchange, by whom he was employed. The Brooks Field Post Exchange was a subscriber to Workmen's Compensation Insurance with the defendant as its insurance carrier. A judgment in favor of plaintiff was affirmed by the Court of Civil Appeals ( 113 S.W.2d 981), and the insurance company has brought error to the Supreme Court.
The case was referred to the Commission of Appeals, Section B, for their opinion thereon and the Supreme Court adopted same and ordered judgment entered in accordance therewith.
Judgment of the Court of Civil Appeals is affirmed.
Johnson Rogers, of San Antonio, for plaintiff in error.
G. Woodson Morris, of San Antonio, for defendant in error.
The Court of Civil Appeals affirmed a judgment of district court in favor of defendant in error Ware against plaintiff in error Aetna Casualty Surety Company for $3712.25 as compensation under the Workmen's Compensation Law for total permanent incapacity caused by injury suffered in the course of his employment. 113 S.W.2d 981. The suit was brought by defendant in error to set aside the final decision of the Industrial Accident Board denying him compensation for the injury.
The several assignments of error in the application for writ of error present but one question, that of the jurisdiction of the district court, the contention made being that "defendant in error Joe Ware failed to discharge the burden of proof showing the jurisdictional requisites which would give the district court jurisdiction of his appeal from the award of the Industrial Accident Board, in that the only proof of any claim filed with the Industrial Accident Board made by the defendant in error Joe Ware wholly failed to allege any amount of money claimed as compensation by the said Joe Ware, and wholly failed to allege any facts from which any amount of compensation could be calculated." The assignments of error are overruled for the reasons given and on the authorities cited in the opinion in Booth v. Texas Employers' Insurance Association, 132 Tex. 237, 123 S.W.2d 322, this day decided.
The judgment of the Court of Civil Appeals is affirmed.
Opinion adopted by the Supreme Court, December 7, 1938.
Rehearing overruled January 25, 1939.