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AMERICAN HOME ASSUR. CO. v. McDONALD

No. 10-04-00267-CV.

181 S.W.3d 767 (2005)

AMERICAN HOME ASSURANCE COMPANY, Appellant, v. Sherrill A. McDONALD, Appellee.

Court of Appeals of Texas, Waco.

November 9, 2005.

Attorney(s) appearing for the Case

Elliott Klein, Hoffman Kelley, Dallas, for appellant.

Gary L. Rodriguez, Austin, for appellee.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

BILL VANCE, Justice.

American Home Assurance Company ("American Home") sought judicial review of a workers compensation decision1 involving Sherrill McDonald ("McDonald"). McDonald filed a counterclaim for attorney's fees under the Texas Labor Code. Section 408.221(c) provides for "reasonable and necessary attorney's fees as provided by Subsection (d) incurred by the claimant...

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