American Motorists Insurance Co. v. Simecek
This case concerns an appeal by American Motorists Insurance Company against Bobby J. Simecek regarding the timely filing of an appeal to set aside an Industrial Accident Board award. The trial court initially ruled in favor of Simecek, maturing the award, as it found American Motorists had failed to timely file its appeal. On appeal, the central question was whether American Motorists' petition was timely filed under Tex.Rev.Civ.Stat.Ann. art. 8307, § 5, considering it was mailed within the statutory twenty-day period but received later. The appellate court extended the 'Ward' rule, which applies to notices of intent not to abide by an award, to the 'bring suit' provision, thereby deeming a petition timely filed if mailed before the deadline and received within ten days after the deadline. Consequently, the appellate court reversed the trial court's judgment and ruled that Simecek should take nothing by his suit to mature the award.