Jenkins v. Texas Employers' Ins. Ass'n
Court of Appeals of Texas
Appeal from District Court, Rains County; Wm. Pierson, Judge. > Action by the Texas Employers’ Insurance Association against Mat Jenkins. Judgment for plaintiff, and defendant appeals. The appellant was in the employ of the Eraser Brick Company, and on September 15, 1916, he received an accidental injury in the course of his employment, which necessitated the amputation of the left foot.
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Appeal from District Court, Rains County; Wm. Pierson, Judge. > Action by the Texas Employers’ Insurance Association against Mat Jenkins. Judgment for plaintiff, and defendant appeals. The appellant was in the employ of the Eraser Brick Company, and on September 15, 1916, he received an accidental injury in the course of his employment, which necessitated the amputation of the left foot. At the time of the injury the Fraser Brick Company was a subscriber to the Texas Employers’ Insurance Association, but never notified the appellant of that fact. The average weekly earnings of the appellant…
1Opinion of the CourtLevy, J.
(after stating the facts as above).
The trial court found as a fact that there was an agreed settlement for the injuries in evidence made between the appellant and the insurance association, and that such settlement was fairly made and without any fraud. In view of these facts the judgment of the trial court is warranted, it is believed ; for the Employers’ Liability Act of 1913 (Acts 33d Leg. c. 179 [Vernon’s Sayles’ Ann. Civ. St. 1914, arts. 5246h-5246zzzz) in force when the settlement was effected, does not in terms forbid, or by implication preclude, a settlement by agreement between the…
2Cases cited1 opinion
- Roach v. Texas Employers' Ins. Ass'nCourt of Appeals of Texas · 1917
3Cited by14 opinions
- Workmen's Compensation Board v. AbbottCourt of Appeals of Kentucky (pre-1976) · 1925
- Employers' Indemnity Corp. v. WoodsTexas Commission of Appeals · 1922
- Lumbermen's Reciprocal Ass'n v. DayTexas Commission of Appeals · 1929
- Ritter v. Albuquerque Gas & Electric Co.New Mexico Supreme Court · 1943
- Brigham Young University v. Industrial CommissionUtah Supreme Court · 1929
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