Treybig v. Home Indemnity Co.

STEPHENS, Justice.

This is an appeal from a summary judgment rendered against William C. Treybig, III, in his suit to recover workers’ compensation benefits for an injury to his right hip. In addition to the motion for summary judgment, the trial court was presented with a plea to its jurisdiction alleging a fatal variance between the claim presented to the Industrial Accident Board and that presented to the court. On the same day, the trial court overruled the plea to the jurisdiction and granted the motion for summary judgment. Appeal is taken from both orders. We hold that appellee’s plea…