Texas Employers' Insurance Ass'n v. Alvarez

OPINION

STEPHEN F. PRESLAR, Chief Justice.

This appeal is from a sustaining of a plea in abatement. It involves the question of priority of two appeals from a ruling of the Industrial Accident Board filed in different courts. We reverse and order the case reinstated on the basis that it was filed first in time.

Article 8307, sec. 5, Tex.Rev.Civ.Stat. Ann. (Vernon Supp.1982) as amended and effective August 29, 1977, authorizes either party to appeal an award of the Industrial Accident Board by filing a suit in either the county of the employee’s residence at the time of the accident or in the…