Texas Employer's Insurance Ass'n v. Tobias

DICKENSON, Justice.

The issue in this worker’s compensation case is whether a widow’s claim for benefits *902is barred by her first lawyer’s failure to timely file the claim, or if an exception to the general rule should be created since the lawyer was subsequently suspended from the practice of law for two years for professional incompetence.

The controlling facts are not disputed. The worker, Frutosa Tobias, was killed on February 11, 1976, while working for H. B. Zachry Company. He was survived by his wife, Mariana Tobias, and six children. The three minor children were awarded one-half of the…