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FIDELITY & CAS. CO. OF NEW YORK v. HAILES

No. 08-97-00213-CV.

969 S.W.2d 123 (1998)

FIDELITY & CASUALTY COMPANY OF NEW YORK, Appellant, v. Wesley S. HAILES, Appellee.

Court of Appeals of Texas, El Paso.

April 30, 1998.

Attorney(s) appearing for the Case

Mark Blankenship, Cecil Kuhne, Crenshaw, Dupree & Milam, L.L.P., Lubbock, for Appellant.

Barry L. Hart, Law Office of Barry L. Hart, Odessa, for Appellee.

Before BARAJAS, C.J., and McCLURE and CHEW, JJ.

OPINION

McCLURE, Justice.

Fidelity & Casualty Company of New York (Fidelity) appeals from the denial of its motion for summary judgment and the granting of summary judgment in favor of Wesley S. Hailes (Hailes), in a suit brought by Hailes for judicial review of a decision of the Texas Workers' Compensation Commission Appeals Panel. The sole question presented for review is whether the Workers' Compensation Commission may order, pursuant to former...

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