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TEXAS WORKERS' COMP. INS. FACILITY v. AETNA CAS. & SUR. CO.

No. 01-97-01021-CV.

994 S.W.2d 923 (1999)

TEXAS WORKERS' COMPENSATION INSURANCE FACILITY, Appellant, v. AETNA CASUALTY & SURETY COMPANY, Appellee.

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

June 17, 1999.

Attorney(s) appearing for the Case

Loren R. Smith, Hughes, Watters & Askanase, L.L.P., Houston, for Appellant.

Riley L. Burnett, Jr., Fulbright & Jaworski, Houston, Kevin L. Hood, Odenweller, Fabrega & Hood, L.L.P., Houston, for Appellee.

Panel consists of Justices MIRABAL, HEDGES, and ANDELL.

OPINION

ANDELL, Justice.

The issue before us is whether a workers' compensation carrier, having paid benefits to an employee injured in a car accident, has a subrogation right when that employee subsequently sues and collects from the employer's "Uninsured/Underinsured Motorist Insurance" carrier. Texas Workers' Compensation Insurance Facility (TWCIF) appeals from a take nothing judgment in favor of Aetna Casualty & Surety Company (Aetna). We reverse...

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