United States Fidelity and Guaranty Co. v. Herzik

COLEMAN, Justice.

This is a suit for death benefits under the Texas Workmen’s Compensation Act. Based on a jury verdict the trial court entered a judgment for the plaintiff.

Barbara H. Herzik was the wife of Frank J. Herzik, who died October 16, 1959, while engaged in the performance of his duties as an oven loader for Schott’s Bakery, Inc. Appellee’s claim for compensation was filed with the Industrial Accident Board July 30, 1960. The jury found that appellee was physically incapacitated to file a claim for compensation from October 16, 1959, through April, 1960, a period of 6½ months, and…