Industrial Accident Board v. Hartford Casualty Insurance Co.

CORNELIUS, Chief Justice.

At times relevant to this appeal, Tex.Rev. Civ.Stat.Ann. art. 8306, § 12c-2 (Vernon 1967) provided that in case of the death of an employee covered by the Worker’s Compensation Act, when there is no person entitled to compensation surviving the employee, the association or carrier shall pay the full death benefits for such employee to the Board for the benefit of the Second Injury Fund, unless the total amount of payments in the Second Injury Fund, together with accumulated interest, equals or exceeds $250,000.00 in excess of liabilities, in which case no payment…