Masuccio v. Standard Fire Insurance Co.

OPINION

CHAPA, Justice.

This is an appeal from a summary judgment granted in a worker’s compensation case. The pivotal question presented before this court involves the interpretation of TEX.REV.CIV.STAT.ANN. art. 8807, § 4a, in conjunction with TEX.REV.CIV. STAT.ANN. art. 8307, § 7 and § 7a. We reverse and remand for a trial on the merits.

Fred and Louise Masuccio brought suit as beneficiaries of their daughter, Laura Annette Masuccio, to set aside a finding by the Texas Industrial Accident Board that Laura was not acting within the course and scope of her employment at the time of her death.…