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NATIONWIDE MUT. INS. CO. v. CROWE

No. 01-90-00521-CV.

808 S.W.2d 573 (1991)

NATIONWIDE MUTUAL INSURANCE COMPANY, Appellant, v. Bessie Isabell CROWE, Individually and as Next Friend of Johnny Louis Crowe, Minor Son of Deceased Employee, John Wayne Crowe, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

April 11, 1991.

Attorney(s) appearing for the Case

John W. Belk, Houston, for appellant.

Glenn H. Devlin, Houston, for appellee.

Before COHEN, PRICE and WILSON, JJ.

OPINION

WILSON, Justice.

This appeal arises from a workers' compensation death case. The question presented is whether death benefits due under the Workers' Compensation Act may be paid in a lump sum when a bona fide dispute regarding the liability of the carrier exists, or if the payment may be made only if the case is settled. We hold that settlement is not required as a prerequisite to a lump sum award.

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