Duncan v. Texas Employers' Ins. Ass'n

SMITH, Chief Justice.

This action was brought by Dorothy Ann Duncan against Texas Employers’ Insurance Association to set aside, on the ground of fraud, a prior agreed settlement of her claim for injury sustained by her as an employee, under the provisions of the Workmen’s Compensation Act (Vernon’s Ann.Civ.St. art. 8306 et seq.). The settlement was duly approved by the Industrial Accident Board, which afterwards refused to set it aside, upon application of the employee, based upon the alleged fraud of the insurance carrier in procuring it. It is conceded that the employee was accidentally…