Johnson v. American General Insurance Co.

GREENHILL, Justice.

The only question in this workmen’s compensation suit is whether there is a fatal variance between the claim presented to the Industrial Accident Board and that presented in court. The trial court held that there was not; and based upon the jury’s verdict, the workman recovered for permanent partial disability. The Court of Civil Appeals reversed. It rendered judgment that the plaintiff workman take nothing on the ground that the trial court should have sustained the defendant’s plea to the jurisdiction of the trial court because of the fatal variance. It reasoned that the…