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NATIONAL UNION FIRE INS. v. ENGELKE

No. 3-91-242-CV.

828 S.W.2d 323 (1992)

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, Appellant, v. Willie Mae ENGELKE, Individually and as Next Friend of Kenneth Young Engelke, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled May 6, 1992.

Attorney(s) appearing for the Case

Robert D. Stokes, Steven M. Tipton, Flahive, Ogden & Latson, Austin, for appellant.

Jeff E. Rusk, Francis Y. Pan, Shields & Rusk, Austin, for appellee.

Before CARROLL, C.J., and ABOUSSIE and SMITH, JJ.

CARROLL, Chief Justice.

This is a workers' compensation heartattack case. Nolan Engelke died of a heart attack while working at Stop-N-Go as a store manager. His wife and minor son (the "Engelkes") sought death benefits from Stop-N-Go's workers' compensation carrier, National Union Fire Insurance ("National"). The Texas Industrial Accident Board denied the benefits. The Engelkes appealed that decision to the district court. Based on the jury verdict, the trial court...

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