Garcia v. Texas Employers Insurance Ass'n

GUITTARD, Chief Justice.

In this suit for worker’s compensation, summary judgment was rendered for the association on the ground of the claimant’s failure to file a claim within six months after his injury, as required by section 4a of the Workers Compensation Act, Tex.Rev. Civ.Stat.Ann. art. 8307 § 4a (Vernon 1967). The claimant appeals on the ground that the summary judgment evidence raises a fact issue of “good cause” for the delay in filing the claim. We agree, and, accordingly, we reverse the judgment and remand the cause for trial.

The test of “good cause” within section 4a is whether the…