Texas Employers Insurance Ass'n v. Myers

BARROW, Chief Justice.

The question presented by this appeal is whether the Texas Workmen’s Compensation Act grants subrogation rights to an insurance carrier that has paid death benefits to the Second-Injury Fund. The trial court concluded that the Act did not grant such rights and entered summary judgment against appellant on its plea of intervention in a suit filed against a third party by adult children of a deceased worker.

All the facts were stipulated. Aaron C. Myers, an employee of Ray Carpenter & Co., received injuries in the course of his employment on August 9, 1971, when struck by a…