387 S.W.2d 758 | Tex. App. | 1965
This is a workman’s compensation case brought by appellee Dossey, as plaintiff, against appellant Texas Employers’ Insurance Association, to set aside an award of the Industrial Accident Board of Texas, and to recover compensation for injuries
The pertinent portion of Article 8306, section 19, provides:
“If an employee, who has been hired in this State, sustain injury in the course of his employment he shall be entitled to compensation according to the Law of this State even though such injury was received outside of the State, and that such employee, though injured out of the State of Texas, shall be entitled to the same rights and remedies as if injured within the State of Texas * *
As we begin our inquiry, we must first take note of the clause, “who has been hired in this State”, for our courts have held that such clause does not have reference to, the place where the hiring was originally made. Southern Underwriters v. Gallagher (1940), 135 Tex. 41, 136 S.W.2d 590. This is the landmark case on extraterritorial provisions of the Texas Workmen’s Compensation statutes, and it lays down the rule in these words:
“ * * * The test is: What was the status of the employee at the time of injury with regard to being a Texas employee? If, at such time, he occupied the status of a Texas employee, he is entitled to protection under our Compensation Statutes, even though he was working out of the state. On the other hand, if the employee is hired or contracted with in this state to go out of this state to perform labor or services, he cannot claim protection under our Compensation Law merely because the contract was made or entered into in this state.”
Thus, our inquiry is whether or not Dossey, at the time of his injury, occupied the status of a Texas employee. Our courts have never defined “status of a Texas employee”, and the court has decided in each case, as it has arisen and under its peculiar facts, whether the claimant did or did not have that status. Hale v. Texas Employers’ Ins. Ass’n, 150 Tex. 215, 239 S.W.2d 608 (1951). Of the many cases which have been decided on this basis, the one with the fact situation most like the one before us is Southern Underwriters v. Gallagher (supra). There, we are. given a guide to aid in determining when one has attained the “status of a Texas employee” when the court said:
“Also, if a person is hired to work in this state, — that is, if, under the contract of hiring, such person becomes a Texas employee in the sense that it is contemplated that his services are to be rendered in this state, such employee is protected by our Compensation Law, even though he is first sent incidentally or temporarily out of the state to perform labor or services, and the mere fact that such employee performs his first services out of this state will not defeat his right to protection under our compensation statutes.”
We are of the opinion that the facts of the case before us establish that Dossey had, at the time of his injury, the status of a Texas employee, for the reasons that the contract of hire contemplated that he would perform services in Texas, and prior to his injury he did, in fact, perform services for his employer in this state.
The facts surrounding the hiring of Dos-sey are that he and a companion sought work from one Williams, a driller for Lowe Drilling Company. They had heard that Williams was going to start drilling and
All points of error have been considered and all are overruled. The judgment of the trial court is affirmed.