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MARTIN v. TRAVELERS INDEMNITY CO. OF RHODE ISLAND

No. 05-84-01075-CV.

696 S.W.2d 450 (1985)

Jim D. MARTIN, Appellant, v. TRAVELERS INDEMNITY COMPANY OF RHODE ISLAND, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied September 6, 1985.

Attorney(s) appearing for the Case

Walter C. Davis, III, Riddles & Tompkins, Dallas, for appellant.

Joe Smith, Baker, Foreman & Boudreaux, Dallas, for appellee.

Before STEPHENS, HOWELL and McCLUNG, JJ.

McCLUNG, Justice.

Our question is whether attorney fees may be recovered from the carrier in workers' compensation cases under TEX.REV. CIV.STAT.ANN. art. 2226 (Vernon Supp. 1985) in addition to those made a part of the award at trial in accordance with TEX. REV.CIV.STAT.ANN. art. 8306, § 7c (Vernon Supp.1985). We hold they cannot.

No dispute is presented on the facts or the amount of workers' compensation benefits awarded that included attorney fees...

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