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CIGNA INS. CO. OF TEXAS v. MIDDLETON

No. 11-01-00139-CV.

63 S.W.3d 901 (2001)

CIGNA INSURANCE COMPANY OF TEXAS, Appellant, v. Gerald MIDDLETON, Appellee.

Court of Appeals of Texas, Eastland.

December 6, 2001.

Attorney(s) appearing for the Case

Cary Dorman, Geffrey Anderson, Howell, Dorman, Anderson, Berg & Smyer, Fort Worth, for Appellant.

David C. Willingham, Attorney At Law, Abilene, Lawrence Doss, Donald M. Hunt, Mullin Hoard Brown Langston Carr Hunt & Joy, Lubbock, Linda Switzer, Attorney At Law, Houston, for Appellee.

Panel consists of ARNOT, C.J., and WRIGHT, J., and McCALL, J.

Opinion

JIM R. WRIGHT Justice.

This case involves an award of attorneys' fees in a workers' compensation case. Because we find that the fees which were awarded in this case should not have been awarded, we reverse the judgment of the trial court and render judgment that Middleton take nothing.

This case has been before us on a prior occasion (Middleton 1).1 In Middleton 1, Cigna filed suit to set aside an impairment rating...

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