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SOUTHWESTERN BELL TEL. CO., L.P. v. MITCHELL

No. 04-04-00466-CV.

276 S.W.3d 452 (2005)

SOUTHWESTERN BELL TELEPHONE COMPANY, L.P. d/b/a SBC Texas, Appellant, v. William C. MITCHELL, Beneficiary of Louise Mitchell, Decedent, Appellee.

Court of Appeals of Texas, San Antonio.

January 26, 2005.

Attorney(s) appearing for the Case

Lawrence D. Smith, John J. Franco, Jr., and Virginia C. Honeyman, Maureen McNiece, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., San Antonio, for Appellant.

Alan D. Tysinger, Miller & Tysinger, P.C., San Antonio, for Appellee.

Sitting: CATHERINE STONE, Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice.

MEMORANDUM OPINION

Opinion by CATHERINE STONE, Justice.

In Continental Casualty Co. v. Downs, the supreme court interpreted the provisions of the Texas Workers' Compensation Act governing when a workers' compensation carrier must notify a claimant that the carrier is refusing to pay benefits. 81 S.W.3d 803, 804 (Tex.2002). The Downs court held "a carrier that fails to begin benefit payments as required by...

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