TEXAS WORKERS' COMPENSATION COM'N v. FLURRY

No. 01-94-00226-CV.

908 S.W.2d 43 (1995)

TEXAS WORKERS' COMPENSATION COMMISSION, Appellant, v. Nancy FLURRY, Appellee.

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

Rehearing Overruled October 26, 1995.


Attorney(s) appearing for the Case

Dan Morales, Jorge Vega, Delmar Cain & Harry Deckard, Austin, for appellant.

Edward Conley, Houston, for appellee.

Before HEDGES, COHEN and TAFT, JJ.


OPINION

HEDGES, Justice.

In this case we are presented with the issue whether attorney's fees are properly awarded from a recovery paid to the Subsequent Injury Fund under the "new law" workers' compensation scheme. We hold that such an award is improper.

Appellee Nancy Flurry brought a claim with the Texas Workers' Compensation Commission (the "Commission") against Service Lloyds Insurance Company ("Lloyds") for workers' compensation benefits resulting...

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