Legal Opinion

Second Injury Fund v. American Motorists Insurance Co.

Court of Appeals of Texas

Decided September 2, 1976No. 4920PublishedCited by 2 opinions

1Opinion of the Court

McCLOUD, Chief Justice.

The question to be decided is whether the 1971 amendment to Sections 12c and 12c-l of Article 8306, Vernon’s Ann.Civ.St., permits reimbursement from the Second Injury Fund to an insurance carrier when the injured employee sustains total and permanent incapacity as a result of a combination of general as opposed to specific injuries.

The trial court entered a $16,000 judgment for the carrier, American Motorist Insurance Company, and the Second Injury Fund has appealed. We reverse and render.

The facts were stipulated. In a severed cause the injured workman, James…

2Cases cited6 opinions

  1. McBride v. ClaytonTexas Supreme Court · 1942
  2. Miears v. Industrial Accident BoardTexas Supreme Court · 1950
  3. Second Injury Fund v. KeatonTexas Supreme Court · 1961
  4. Texas Employers' Insurance Ass'n v. HaunschildCourt of Appeals of Texas · 1975
  5. TEXAS EMPLOYERS'INSURANCE ASSOCIATION v. CreswellCourt of Appeals of Texas · 1974

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Second Injury Fund v. TomonCourt of Appeals of Texas · 1993
  2. Injury Fund St. Tx. v. ConradCourt of Appeals of Texas · 1997

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