TEXAS WORKERS' COMP. INS. FUND v. SERRANO

No. 97-0288.

962 S.W.2d 536 (1998)

TEXAS WORKERS' COMPENSATION INSURANCE FUND, Petitioner, v. Jose SERRANO and Graciela Chairez, individually and as next friend of Alonzo Serrano, Jose Serrano, and Guadalupe Serrano, Respondents.

Supreme Court of Texas.

February 13, 1998.


Attorney(s) appearing for the Case

Lynne Liberato, Houston, Michelle E. McCoy Monger, Dallas, John Thomas Dailey, San Antonio, Mike Mills, McAllen, for Petitioner.

Kevin Glasheen, Lubbock, Ramon Garcia, Edinburg, Suzanne M. Schwarz, McAllen, Sam L. Fadduol, Lubbock, Frank Costilla, Brownsville, for Respondents.


PER CURIAM.

Section 417.002(a) of the Texas Workers' Compensation Act provides that "[t]he net amount recovered by a claimant in a thirdparty action shall be used to reimburse the insurance carrier for benefits, including medical benefits, that have been paid for the compensable injury." TEX. LAB.CODE § 417.002(a). The single question before us is whether the carrier must prove that the amount of benefits paid was reasonable and necessary before it is entitled...

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