Second Injury Trust Fund of State v. Texas Employers' Insurance Ass'n

OPINION

OSBORN, Chief Justice.

This appeal raises the issue of whether the surviving beneficiary of a deceased workman or the Second Injury Fund of the State of Texas should recover the death benefits where the carrier admitted liability but no “claim for compensation” was filed with the Board. The trial court found for the estate of the deceased and denied recovery to the Second Injury Fund. We affirm.

Juan A. Portillo was killed in an oil field accident in Winkler County-on December 13, 1980. He was not married and had no children. He was survived by his mother, Guadalupe A. Portillo. The…