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TIG PREMIER INS. CO. v. PEMBERTON

No. 10-02-155-CV.

127 S.W.3d 270 (2003)

TIG PREMIER INSURANCE COMPANY, Appellant v. John PEMBERTON and Texas Workers' Compensation Commission, Appellees.

Court of Appeals of Texas, Waco.

December 31, 2003.

Attorney(s) appearing for the Case

Thad D. Spalding, David M. Hymer, Lisa Cherry Pittard, Hermes, Sargent Bates L.L.P., Dallas, for Appellant/Relator.

Norman W. Darwin, Attorney At Law, Ft. Worth, Bradley D. McClellan, Asst. Atty. Gen., Austin, for Appellee/Respondent.

Before Chief Justice GRAY, Justice VANCE, and Judge ALLEN (Sitting by Assignment).

OPINION

BILL VANCE, Justice.

In 1996, John Pemberton was injured on the job when he fell over a railing and hurt his right shoulder and left knee. His employer had worker's compensation insurance with TIG Premier Insurance (TIG), which did not contest the compensability of Pemberton's injury. Three months after his fall, Pemberton was hospitalized and diagnosed with deep vein thrombosis (DVT), i.e., blood clots, in his right leg.

Two years...

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