Burkhart v. Concho Industrial Supply, Inc.

PHILLIPS, Chief Justice.

The question for decision is whether the filing and prosecution of a workmen’s compensation claim tolls the two-year statute of limitations applicable to a tort action arising out of the same injury. The trial court thought not and so held, and we affirm its judgment.

The facts of this case are not in dispute. Appellant was injured in the course of his employment on September 14, 1973. On March 8, 1974, a compromise settlement of appellant’s workmen’s compensation claim was reached and on March 21, 1974, this settlement was approved by the Industrial Accident Board and…