Martinez v. Second Injury Fund of Texas

I dissent. Filing a claim with the Industrial Accident Board, and filing suit with a court to set aside the Board’s decision on that claim, are obviously different procedures under the Workers’ Compensation Law. The Court curiously overlooks this rather elementary distinction. The issue in this case, as the Court correctly states, involves the latter procedure, filing suit to appeal a Board decision. The question is, must such suits against the Second Injury Fund be filed within the same time period prescribed for all actions to set aside decisions of the Industrial Accident Board.1 The Court…