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CHARTER OAK FIRE INS. CO. v. PIERCE

No. 05-84-01317-CV.

702 S.W.2d 259 (1985)

The CHARTER OAK FIRE INSURANCE COMPANY, Appellant, v. Stanley N. PIERCE, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied January 15, 1986.

Attorney(s) appearing for the Case

Ronald D. Wren, Stradley, Schmidt, Stephens & Wright, Dallas, for appellant.

Tex. R. Shaw, Stark & Shaw, Dallas, for appellee.

Before STEPHENS, WHITHAM and HOWELL, JJ.

STEPHENS, Justice.

This is a workers' compensation case which arose after Pierce lost his second finger in a work-related accident. Charter Oak appeals a judgment in favor of Pierce contending that the trial court failed to credit it with all voluntary payments made prior to trial. We agree and reform the judgment for Pierce to allow proper credit to Charter Oak.

Prior to trial, Charter Oak voluntarily paid Pierce the maximum weekly benefit under section 12...

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