SECOND INJURY TRUST FUND v. TEXAS EMP. INS.

No. 08-86-00016-CV.

719 S.W.2d 655 (1986)

SECOND INJURY TRUST FUND OF the STATE of Texas and the Industrial Accident Board of the State of Texas, Appellants, v. TEXAS EMPLOYERS' INSURANCE ASSOCIATION, et al., Appellees.

Court of Appeals of Texas, El Paso.

October 29, 1986.


Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., Patrick J. Feeney, Asst. Atty. Gen., Austin, for appellants.

Richard C. Abalos, W. Stacy Trotter, Shafer, Davis, et al., Odessa, for appellees.

Before OSBORN, C.J., and SCHULTE and ARMENDARIZ, JJ.


OPINION

OSBORN, Chief Justice.

This appeal raises the issue of whether the surviving beneficiary of a deceased workman or the Second Injury Fund of the State of Texas should recover the death benefits where the carrier admitted liability but no "claim for compensation" was filed with the Board. The trial court found for the estate of the deceased and denied recovery to the Second Injury Fund. We affirm.

Juan A. Portillo was killed in an oil field...

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