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BRANDON v. NEW YORK UNDERWRITERS INS. CO.

No. 09-89-171 CV.

795 S.W.2d 343 (1990)

Eldrina BRANDON, Appellant, v. NEW YORK UNDERWRITERS INSURANCE COMPANY, Appellee.

Court of Appeals of Texas, Beaumont.

Rehearing Denied October 4, 1990.

Attorney(s) appearing for the Case

Kermit C. Morrison, Jr., Port Arthur, for appellant.

David J. Fisher, Orgain, Bell & Tucker, Beaumont, for appellee.

Before BROOKSHIRE and BURGESS, JJ., and JACKSON B. SMITH, Jr., J. (Retired Sitting by Assignment).

OPINION

JACKSON B. SMITH, Jr., Retired Justice.

The sole issue in this worker's compensation case is whether a surviving parent may receive a lump sum payment of benefits when liability is uncontested and it is found that manifest hardship will result if payments are made weekly. The trial court construed the provisions of the Workers Compensation Act, TEX.REV.CIV. STAT.ANN. art. 8306 et seq. (Vernon 1983), not to authorize a lump sum payment under the facts...

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