§ §
`
`HARRIS
`
`COUNTY,
`
`TEXAS
`
`334TH JUDICIAL DISTRICT
`
`§
`§
`
`§ §
`
`TEXAS EMPLOYERS‘
`ASSOCIATION
`
`INSURANCE
`
`VS.
`
`_
`
`WILLIAM C. WELLER
`
`PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION
`
`1.
`
`Texas Employers‘
`
`Insurance Association,
`
`the
`
`plaintiff, files this action against William C. Weller,
`
`the
`
`defendant.
`
`2.
`
`The plaintiff is a corporation doing business in
`
`Texas and is authorized to issue policies of workers‘
`
`compensation insurance in the State of Texas.
`
`The defendant is
`
`a resident and citizen of Harris County, and may be served with
`
`citation by serving a copy of this petition to David L. Grissom
`
`at 3700 Montrose Blvd., Houston, Texas 77006.
`
`3.
`
`On February 21, 1989,
`
`the Texas Industrial
`
`Accident Board made its final ruling, decision, and award in
`
`Claim No. 88-050160—H5,
`
`in the matter of William C. Weller,
`
`employee, Texas Employers‘
`
`Insurance Association,
`
`insurer, and
`
`Ohmstede Machine Works, Inc., employer. That final ruling.
`
`decision, and award shall be called the Award of the Board.
`
`4.
`
`The Award of the Board was based upon the claim
`
`of the defendant against the plaintiff as the compensation
`
`insurer under the Workers‘ Compensation Act of the State of
`
`

`
`Texas for Ohmstede Machine Works,
`
`Inc. That claim was for an
`
`alleged accidental
`
`injury on or about September 22, 1987, or,
`
`in the alternative,
`
`injury from occupational disease in Harris
`
`County, Texas.
`
`The claim was for an amount, exclusive of
`
`interest and costs,
`
`in excess of the minimum jurisdictional
`
`amount of this Court.
`
`5.
`
`The plaintiff gave notice in writing to the
`
`Industrial Accident Board within twenty (20) days after the
`
`Award of the Board that the plaintiff was not willing to and
`
`would not consent to abide by the Award of the Board and
`
`decision and that it would, within twenty (20) days after the
`
`date of the notice, bring suit in a court of competent
`
`jurisdiction to set aside the Award of the Board.
`
`The
`
`plaintiff now brings this suit in this Court to set aside.
`
`vacate, annul, and hold for naught the Award of the Board.
`
`An
`
`accurate copy of the Award of the Board is attached as
`
`Exhibit A and is incorporated into the petition for
`
`jurisdictional purposes only.
`
`6.
`
`The Award of the Board is unjust.
`
`The defendant
`
`is not entitled to recover workers‘ compensation benefits
`
`against the plaintiff in the amount and for the length of time
`
`claimed and in the amount and for the length of time awarded by
`
`the Industrial Accident Board:
`
`The plaintiff,
`
`therefore, prays that the defendant be
`
`cited to appear and answer,
`
`that this Court set aside the Award
`
`6015x
`
`..
`
`.,
`
`

`
`of the Board,
`
`that the plaintiff recover all costs. and that
`
`the plaintiff have all other just relief.
`
`FULBRIGHT & JAWORSKI
`
`BY
`
`W. MARK LANIER
`State Bar No. 11934600
`
`1301 McKinney Street
`Houston, Texas
`77010
`(713) 651-5151
`Counsel for the Plaintiff
`
`JURY DEMANDED
`
`6015x
`
`

`
`JAHIJ
`
` 4
`
`r.Ano mluuo I nu-an HUUIIJEN I:
`
`‘-.
`
`eiwtovsa
`-
`
`Pasadena, Texas
`
`iiiilliam c. Heller
`Post Office Box 7769
`
`77505
`
`AWARD OF THE BOARD
`
`.4 noon. zoo EAST RIVERSIDE DRIVE. AUSTIN, T’ ‘am
`
`
`
`
`BOAHONUMBER
`
`msurumcs Nuueen
`88-050160—H5
`01 87 13 02710 001
`
`DATE OF INJURY
`-
`
`On or about 09-22-87
`EMPLOYER
`
`
`
`'
`
`Grissoln’, Crow, Richards 8 Featherston, Inc.,
`
`. Attorneys
`3700 iiontrose Boulevard
`
`Houston, Texas
`
`77006
`
`Ohmstede Machine Works, Inc.
`
`INSURANCE
`CARRIER
`
`a
`
`k
`
`Texas Employers‘ Insurance Association
`Post Office Box 2759
`Dallas, Texas
`75221
`
`A
`
`a
`
`Jimmy Neuell, Austin, Texas
`
`'
`
`__ ._
`
`On data of hearing atter due notice to all parties. came the above claim for compensation to be considered by the Industrial Accident Board.
`and the Board tinds and orders: (only Findings. Orders. etc. x'd In appropriate spaces below apply)
`
`Finds that on the date oi injury said employer was either a subscriber, authorized selt-insured. or had provided workers‘ compensation
`coverage in_Texes by virtue of Article 8308. Section 18. Fi.c.s. That said employer was insured with the insurance carrier. or 5eil.;n3urgg_ as
`named above.
`
`Finds that on the date oi injury, the said employee sustained an injury or occupational disease in the course oi employment with said
`employer.
`
`Finds that on the date or injury the named individual was an employee oi the employer named above.
`
`Finds that the employee's average weekly wage on date of injury was 3 438 . 46
`
`which produced a compensation rate or s 231 . 00
`
`A I
`
`n
`
`‘ Orders named carrier or salt-insured to pay employee 3 231 _ 00' per week tor 33
`beginning on
`_ _ _ _ :
`
`consecutive weeks ior total temporary disability
`
`consecutive weeks (following payment of
`300
`per week for
`Orders named carrier or self-insured to pay employee 5 144 , 67
`' compensation, ii any for total disability) for
`217.00 ermanent 1035 of “ac eamin caacit .
`
`Finds that manifest hardship and injustice would result by the denial of a lump sum payment. Therefore, named carrier or self-insured is
`. ordered to pay compensation awarded herein in lump sum payment. less previous payments of compensation. it any. (Statutory 4% annual
`compound discount is allowed on unaccrued compensation ordered paid in lump sum.)
`.
`
`I-"PPN
`
`T.
`
`33 wks. @ $231.00
`$ 7,623.00
`07-27-88
`Accrued
`$ 4,629.44
`32 wks. @ $144-57
`03-08-89
`Accrued
`"$35,090.92
`(discounted)
`268 wks. @ $144.67
`03-08-89
`Lump Sum
`
`The Board hereby approves an Bitomeyisi fee of
`25%
`of the unpaid portion of this award. excluding medical expenses, and attorneytsi
`' expenses in the amount of S
`-0-
`
`Speclal Findings and Orders:
`
`EXHIBIT "A"
`
`The carrier is hereby ordered to pay all medical bills presented to the Board
`in the amount submitted as well as any and all reasonable and necessary medical
`charges incurred, derivative to that of the emloyee.
`
`Award oi the Board continued. ..
`
`- ith this award and desire to appeal it. you must give the Board will a
`This is the final award oi the Board. If you are dissetis
`notice within twenty (20) days from the date the award is entered and. In addition, you must within twenty (20) days after giving such
`notice. bring suit in a proper court to periect the appeal.
`.
`This award is entered on the
`
`1 21st A day oi.
`
`February
`
`’, 193 9
`
`lnoustnlm. ACCIDENT eoAr-to
`
`no.1.-u.rn
`
`‘
`
`405.5%-‘-_G.efl_..
`_ 3038* J. BARN$
`Chairman
`Member
`If you have any questions. contact Awards Division at (512) 448-7970
`1:90
`I-Inn
`nu-din Vane- '5
`‘URI 4'90"
`am I’: Diunreii-in he
`,,,__,T
`
`_
`
`JAMES J. «ASTER
`Men-leer
`FEB 2 4 1989
`
`13 Eli
`
`

`
`3”
`
`392333
`
`.
`
`.
`
`Fu LBRIG HT & JAWORSKI
`I301 MCKINNEY
`
`HOUSTON,TEXA5 77010
`
`HOUSTON
`WASHINGTON.D.C.
`AUSTIN
`SAN ANTON1O
`DALLAS
`LONDON
`
`ZUWC
`
`T %U::g_ N1-.’\'»{vo
`‘n. ,2,-
`(;f>,)7,L_os Pr-(GEL s
`4/‘\‘’
`
`
`
`Cggfifi.
`
`(9
`
`TELEPHONE: 7l3/65!-SISI
`TELEX:76-2829
`TELEC.OFlER:7|3/65!-5246
`
`BY MESSENGER:
`
`April 26, 1939
`
`Re:
`
`Insurance
`Cause No. 89-12975; Texas Employers‘
`Association v. William C. Weller;
`in the 334th
`District Court of Harris County, Texas
`
`Mr. Ray Hardy
`District Clerk
`P.O. Box 4651
`
`Houston, Texas
`
`77210
`
`Dear Mr. Hardy:
`
`Enclosed is the following to be filed among the papers
`of the captioned cause:
`
`Plaintiff's First Amended Original Petition
`
`Please acknowledge receipt and filing by placing your
`file mark on this letter and returning same to us for our file.
`
`Very truly yours,
`
`W. Mark Lanier
`For the Firm
`
`WML/ga
`60l7x
`Enclosure:
`
`cc: Mr. David L. Grissom
`3700 Montrose Blvd.
`Houston, Texas 77006
`CM/RRR
`
`

`
`Mr. Ray Hardy
`April 26, 1989
`Page 2
`
`bcc:
`
`RE:
`
`Mr. James Spann
`Texas Employers‘
`P.O. Box 4345
`Houston, Texas 77210
`
`Insurance Association
`
`Claim No.: 01—87—13—02710-001
`William C. Wellder v. Ohmstede Machine Works
`D/A: 09/22/87