Supreme Court of Texas.
Melba Sue OVERSTREET, Petitioner,
The HOME INDEMNITY COMPANY, Respondent.
Oct. 17, 1984.
Rehearing Denied Nov. 21, 1984.
Attorneys & Firms
*916 Wilson, Williams & Molberg, John B. Wilson, Dallas, for petitioner.
Strasburger & Price, Royal H. Brin, Jr., E. Thomas Bishop and P. Michael Jung, Dallas, for respondent.
This is a suit to set aside a decision of the Industrial Accident Board. The trial court granted summary judgment for the Home Indemnity Company, the Workers’ Compensation carrier, on the grounds of waiver, estoppel, ratification and election. The court of appeals affirmed the judgment on the ground of election, basing its holding on a set of requests deemed admitted under 669 S.W.2d 825. The remaining points were not reached.
To obtain summary judgment, each element of a claim or defense must be conclusively proved. Bocanegra v. Aetna Life Ins. Co., 605 S.W.2d 848 (Tex.1980), by filing a claim under her employer’s group insurance policy before seeking Workers’ Compensation benefits.
We therefore grant the application for writ of error and without hearing oral argument reverse and remand this cause to the court of appeals for consideration of the remaining points of error. 503.
GONZALEZ, J., not sitting.