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FIDELITY CAS. CO. OF NEW YORK v. STEPHENS

No. 09-91-117 CV.

832 S.W.2d 68 (1992)

The FIDELITY AND CASUALTY COMPANY OF NEW YORK, Appellant, v. Andrew STEPHENS, Appellee.

Court of Appeals of Texas, Beaumont.

April 23, 1992.

Attorney(s) appearing for the Case

Russell W. Heald, Benckenstein, Norvell, Bernsen & Nathan, Beaumont, for appellant.

Bryan O. Blevins, Jr., Timothy W. Ferguson, Umphrey, Eddins & Carver, Beaumont, for appellee.

Before WALKER, C.J., and BROOKSHIRE and BURGESS, JJ.

OPINION

BROOKSHIRE, Justice.

Appeal in workers' compensation suit. The worker, Stephens, filed an action to recover workers' compensation benefits for disability arising out of an accident which occurred on March 25,1981, while Stephens was in the course and scope of his employment with East-Tex Plastics, Inc.

In a juried proceeding, the jury found in favor of the plaintiff Stephens. To jury questions, the jury found that Stephens had received an...

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