Opinion

Employers Reinsurance Corporation v. Holt

  • 10 Tex. Sup. Ct. J. 140
  • 410 S.W.2d 633
  • 1966 Tex. LEXIS 342
Court
Texas Supreme Court
Filed
Dec 7, 1966
Status
Published
Author
Calvert
On the bench
Pope, Calvert
Cited by
11 cases

The opinion

CALVERT, Chief Justice

(concurring).

It is unfortunate that the Industrial Accident Board should ever have adopted a practice of refusing to act on claims for compensation for want of jurisdiction or of dismissing them for that reason. The practice has resulted in confusing situations and a confusion of remedies as is so well illustrated by the cases cited and analyzed in the court’s opinion in this case, with the proper remedy often made to turn on the peculiar wording of the particular order. But however that may be, there should be no occasion for continuing the confusion.

The Board has jurisdiction of every claim filed seeking benefits under the Texas Workmen’s Compensation Act. It has jurisdiction to grant the claim, in whole or in part, and to deny it. If it does not make an award of benefits, it should deny the claim. It should deny the claim if it is of the opinion that the claimant is not entitled to the benefits he seeks, whatever may be its reason for reaching that conclusion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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