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ST. PAUL INS. CO. v. McPEAK

No. C2981.

641 S.W.2d 284 (1982)

ST. PAUL INSURANCE COMPANY, Appellant, v. James B. McPEAK, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing August 19, 1982.

Attorney(s) appearing for the Case

T.P. Flahive, Austin, Jim McDaniel, Houston, for appellant.

John O'Quinn, Houston, R.B. Cousins, Thompson, Coe, Cousins & Irons, amicus curiae, Dallas, for appellee.

Before MILLER, MORSE and JAMES, JJ.

MILLER, Justice.

This appeal arises from a suit brought under the Workers' Compensation Act, Tex. Rev.Civ.Stat.Ann. art. 8306, et seq. (Vernon 1967) (hereafter Act), and Article 21.21, § 16 of the Texas Ins.Code (Vernon 1981) (hereafter Section 16). The trial court overruled appellant's motion to sever the workers' compensation claim from the other causes of action, and the case proceeded to trial. The jury found appellee totally and permanently disabled under...

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