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TEXAS EMP. INS. ASS'N v. TOBIAS

No. 5576.

614 S.W.2d 901 (1981)

TEXAS EMPLOYER'S INSURANCE ASSOCIATION, Appellant, v. Mariana TOBIAS, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied April 23, 1981.

Attorney(s) appearing for the Case

John G. Lewis, Groce, Locke & Hebdon, San Antonio, for appellant.

Claxton B. Seely, San Antonio, for appellee.

DICKENSON, Justice.

The issue in this worker's compensation case is whether a widow's claim for benefits is 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...

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