MARTINEZ v. COMMERCIAL STANDARD INS. CO.

No. 6908.

599 S.W.2d 858 (1980)

Francisco MARTINEZ, Appellant, v. COMMERCIAL STANDARD INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied June 4, 1980.


Attorney(s) appearing for the Case

Joseph A. Morgan and Ralph E. Harris, Carlos M. Sepulveda, El Paso, for appellant.

Grambling, Mounce, Sims, Galatzan & Harris, Morris A. Galatzan, Wiley F. James, III, El Paso, for appellee.


OPINION

STEPHEN F. PRESLAR, Chief Justice.

This is a worker's compensation case which presents the question of whether there is a fatal variance between the claim before the Industrial Accident Board and that pled in the District Court. The trial Court sustained the Insurance carrier's plea in abatement, holding that the variance was fatal. We reverse and remand.

Appellant filed his claim with the Industrial Accident Board on a form prescribed by...

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