Legal Opinion

Home Insurance Co. v. DeAnda

Court of Appeals of Texas

Decided April 24, 1980No. 5420PublishedCited by 3 opinions

1Opinion of the Court

DICKENSON, Justice.

The controlling question in this “occupational disease” case is whether or not the workman proved that notice of injury was given to the employer or insurance company within 30 days after “the happening of an injury” or “the first distinct manifestation of an occupational disease.”1 It should be noted that the date of the “cumulative injury,” as to an occupational disease which is the result of repetitious physical traumatic activities, is the date “disability” is caused thereby.2

Porfirio DeAnda claimed worker’s compensation benefits for the occupational disease of…

2Cases cited4 opinions

  1. Morrow v. ShotwellTexas Supreme Court · 1972
  2. Texas Employers' Ins. Ass'n v. BradshawCourt of Appeals of Texas · 1930
  3. Hotchkiss v. Texas Employers' Insurance Ass'nCourt of Appeals of Texas · 1972
  4. Employers Commercial Union Insurance Co. v. SchmidtTexas Supreme Court · 1974

3Cited by3 opinions

  1. DeAnda v. Home Insurance Co.Texas Supreme Court · 1980
  2. Fidelity & Casualty Co. of New York v. ShubertCourt of Appeals of Texas · 1983
  3. INA of Texas/now CIGNA Insurance Co. of Texas v. AdamsCourt of Appeals of Texas · 1990

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API