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TEXAS WORKERS' COMP. INS FUND v. SERRANO

No. 13-95-482-CV.

985 S.W.2d 208 (1999)

TEXAS WORKERS' COMPENSATION INSURANCE FUND, Appellant, v. Jose SERRANO and Graciela Chairez, et al., Appellees.

Court of Appeals of Texas, Corpus Christi.

January 7, 1999.

Attorney(s) appearing for the Case

Suzanne M. Schwartz, McAllen, for Guardian Ad Litem.

Anne Marie McGowan, Lynne Liberato, Michelle E. McCoy Monger, Jeffery T. Nobles, Kent Geoffrey Rutter, Haynes and Boone, L.L.P., Houston, Roger W. Hughes, Adams & Graham, Harlingen, John T. Dailey, Strickland & Dailey, San Antonio, for Appellant.

Kevin Glasheen, Sam L. Fadduol Fadduol & Glasheen, Lubbock, Ramon Garcia, Edinburg, Frank Costilla, Costilla & Stapleton, Brownsville, Thomas M. Thomson, Thornton, Summers, Biechlin, Dunham & Brown, McAllen, Christopher Todd Carver, Lubbock, for Appellees.

Before Chief Justice SEERDEN, Justices DORSEY and CHAVEZ.

OPINION

CHAVEZ, Justice.

In this case the Texas Worker's Compensation Insurance Fund (the Fund) argues that its subrogation interest in a settlement received by a worker's compensation beneficiary and his family from a third-party tortfeasor was circumvented by the manner that the settlement was apportioned among the family. The issue before us is whether there was legally and factually sufficient evidence to support the trial court's apportionment of the...

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