Legal Opinion

Miller's Indemnity Underwriters v. Hayes

Court of Appeals of Texas

Decided April 19, 1921No. 672PublishedCited by 3 opinions

Appeal from District Court, Jefferson County; E. A. McDowell, Judge. Proceeding by Eleanor Hayes under the Workmen’s Compensation Act to obtain compensation for the death of her alleged husband, Charley Hayes, opposed by the Beaumont Shipbuilding & Dry Dock Company and the Miller’s Indemnity Underwriters. There was an award of compensation, and the insurer appeals.

1Opinion of the CourtWalker, J.

This is an appeal from an award made by the Industrial Accident Board in favor of appellee. The principal question before us is the construction of section 12d, pt. 1, and section 5, pt. 2, of the Workmen’s Compensation Act, as passed by the Thirty-Fifth Legislature (Acts 35th Leg. [1917] c. 103 [Vernon’s Ann. Civ. St. Supp. 1918, arts. 5246 — 25,-5246—44]). '

Section 12d is as follows:

“Upon its own motion or upon the application of any person interested showing a change of conditions, mistake, or fraud, the Board at any time within the compensation period may review any award or order,…

2Cited by3 opinions

  1. Millers' Indemnity Underwriters v. HayesTexas Commission of Appeals · 1922
  2. Independence Indemnity Co. v. WhiteTexas Commission of Appeals · 1930
  3. Texas Reciprocal Ins. Ass'n v. LegerCourt of Appeals of Texas · 1936

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