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VALLEY FORGE INS. CO. v. AUSTIN

No. 05-00-01915-CV.

65 S.W.3d 371 (2001)

VALLEY FORGE INSURANCE COMPANY, Appellant, v. Timothy AUSTIN, Appellee.

Court of Appeals of Texas, Dallas.

December 20, 2001.

Attorney(s) appearing for the Case

Michelle May, Downs Stanford, PC, Dallas, for Appellant.

Bradley Dean McClellan, Assistant Attorney General, Austin, for Appellee.

Before Chief Justice THOMAS, Justices FARRIS and ROSENBERG.

OPINION

DAVID F. FARRIS, Justice (Assigned).

In this workers' compensation case, Valley Forge Insurance Company appeals from the trial court's judgment in favor of Timothy Austin, the injured employee, and Texas Workers' Compensation Commission, the intervenor. Because we interpret the addition of section 409.009 in the 1989 changes to the Texas Workers' Compensation Act (the Act) as an abrogation of the common-law election-of-remedies affirmative defense...

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