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HOME INSURANCE INDEMNITY COMPANY v. GUTIERREZ

No. 230.

409 S.W.2d 450 (1966)

The HOME INSURANCE INDEMNITY COMPANY, Appellant, v. Clemente GUTIERREZ, Appellee.

Court of Civil Appeals of Texas, Corpus Christi.

Rehearing Denied December 15, 1966.

Attorney(s) appearing for the Case

W. F. "Pete" Baker, of Allison, Clark & Baker, Corpus Christi, for appellant.

Darrell B. Hester, of Hester & Toscano, Harlingen, for appellee.

OPINION

NYE, Justice.

This is a suit by appellee to mature an award of the Industrial Accident Board, for 12 percent statutory penalty, and for attorneys fees under Article 8307, Sec. 5a, Vernon's Ann.Civ.St. This Texas Workmen's Compensation statute provides that when the Industrial Accident Board enters an award requiring the insurance carrier to make payments to an injured employee and the carrier thereafter fails or refuses, "without justifiable cause...

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