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TRAVELERS INDEM. CO. v. MONTELONGO

No. 13-89-191-CV.

785 S.W.2d 436 (1990)

The TRAVELERS INDEMNITY COMPANY OF RHODE ISLAND, Appellant, v. Gloria A. MONTELONGO, Surviving Spouse of Juan Montelongo, Deceased, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled March 8, 1990.

Attorney(s) appearing for the Case

Frank E. Weathered, Law Office of David J. Dunn, Corpus Christi, for appellant.

Terry E. Baiamonte, Edwards & Terry, William A. Dudley, David Perry & Associates, Corpus Christi, for appellee.

Before SEERDEN, UTTER and KENNEDY, JJ.

OPINION

SEERDEN, Justice.

The issue before us is whether an insurance carrier may appeal a completely favorable ruling from the Industrial Accident Board (IAB) under Tex.Rev.Civ.Stat.Ann. art. 8307 § 5 (Vernon Pamph.1990). After the IAB denied the claimant, Mrs. Montelongo, any recovery on her claim for benefits arising out of the death of her husband, both she and the carrier, Travelers Indemnity Company of Rhode Island, appealed. The day after the...

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