Ward v. Charter Oak Fire Insurance Co. (579 S.W.2d 909, 1979)

DENTON, Justice.

The sole question in this case is whether Gloria Ward filed timely notice of her intention to appeal from a ruling of the Industrial Accident Board, as required by Section 5 of Article 8307 of the Texas Revised Civil Statutes. The trial court found that Ward had not filed timely notice and dismissed the cause for want of jurisdiction. The court of civil appeals affirmed. 567 S.W.2d 934. We reverse the judgments of the courts below and remand the cause to the trial court.

Charter Oak Fire Insurance .Company issued a worker’s compensation insurance policy covering Safeway Stores Incorporated’s employees. The policy covered Gloria Ward. Following Ward’s injury while working for Safeway, the Industrial Accident Board rendered a final ruling on June 28,1977. Ward mailed her notice of intention to appeal to the Board on July 12, fourteen days after the Board’s ruling. The notice arrived at the Austin post office on July 15. The envelope containing the notice was returned to Ward on July 18, twenty days after the Board’s ruling. The United States Post Office stamped the envelope “POSTAGE DUE ll