(DOWNLOAD) "Board Firemens Relief & Retirement Fund Trustees Houston v. Julius T. Marks" by The Texas Court of Criminal Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Board Firemens Relief & Retirement Fund Trustees Houston v. Julius T. Marks
- Author : The Texas Court of Criminal Appeals
- Release Date : January 18, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
In the latter part of October, 1944, respondent, Julius F. Marks, left his employment as a pipeman with the fire department of the City of Houston where he had been regularly employed since June 1, 1939. On December 28, 1944, respondent applied to petitioner Board, charged with the administration of the Firemens Relief and Retirement Fund created under the provisions of Article 6243e, V.A.C.S. (Acts 1937, 45th Leg., p. 229, ch. 125), for a total disability pension. Respondents application was denied on the ground that respondent "had not become physically or mentally disabled while in and/or in consequence of the performance of his duty as a fireman." Respondent appealed to the Firemens Pension Commissioner in Austin and again his application was denied, the Commissioner stating: "I am unable to find any evidence where his (respondents) trouble was brought on while performing the duties as a fireman for the City of Houston, or in the consequence of the performance of his duty as a fireman." Respondent thereupon filed this suit in the District Court of Travis County, alleging that while in the course of performing his duties as a fireman he had suffered several severe injuries to the joints and bones of his body and on several occasions had been exposed to freezing or near-freezing temperatures while his clothing was soaked with water, which injuries, or exposure, or a combination thereof, had caused him to develop hypertrophic arthritis rendering him totally and permanently disabled. He sought by his suit to set aside the findings and orders of the petitioner Board and the Firemens Pension Commissioner on the ground that such findings and orders were not reasonably supported by substantial evidence, and to recover accrued and future installments of a total disability pension. The judgment of the trial court granted the relief prayed for and that judgment was affirmed by the Court of Civil Appeals. 237 S.W.2d 420.
 "Board Firemens Relief & Retirement Fund Trustees Houston v. Julius T. Marks" by The Texas Court of Criminal Appeals # Book PDF Kindle ePub Free){kind=link}