Consolidated Underwriters v. Lampkin

McNEILL, Justice.

This is a workmen’s compensation case and the appeal involves two questions, first, whether the employee under Sec. 6a of Article 8307, Vernon’s Annotated Civil Statutes, or at common law, effectively elected to proceed against the third party to recover damages instead of against the subscriber’s insurance carrier, and, second, whether claimant was an employee of the J. H. Williams Lumber Company, the subscriber under the policy of insurance with appellant, or whether claimant, the appellee, was an employee of one Earnest Williams.

About the middle of 1954 J. H. Williams, who…