Burns v. United States Fire Insurance Co.

This is a worker’s compensation case brought by the United States Fire Insurance Co. (Fire Insurance) against Terry L. Burns to set aside the Industrial Accident Board’s award of benefits. Terry Burns counterclaimed for compensation benefits. The trial court granted summary judgment in favor of Fire Insurance. The court of appeals, with one justice dissenting, affirmed the judgment. 638 S.W.2d 192. We reverse the judgments of the courts below and remand the cause to the trial court.

On April 1,1978, Terry Burns was elected town marshal of Westworth Village, a general law city, for a two-year…