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MORALES v. LIBERTY MUT. INS. CO.

No. 05-0754.

241 S.W.3d 514 (2007)

Margarita MORALES, Individually and as Next Friend of Paulette Morales and Laura Morales, Minor Children of Guadalupe D. Morales, Deceased, Petitioner, v. LIBERTY MUTUAL INSURANCE COMPANY and Continental Casualty Company, Respondents.

Supreme Court of Texas.

Decided December 7, 2007.

Attorney(s) appearing for the Case

Gerald J. Smith, The Law Office of Gerald J. Smith, John E. Keithly, Keithly & English, Anthony, NM, Marc S. Tabolsky, Yetter & Warden, L.L.P., Austin, TX, for Petitioner.

David P. Boyce, Wright & Greenhill, David L. Brenner, Amanda Lewis, Burns Anderson Jury & Brenner, L.L.P., Austin, TX, for Respondents.

R. Scott Placek, Arnold & Placek, P.C., Round Rock, Jane Lipscomb Stone, Stone Loughlin & Swanson, LLP, Austin, TX, for Amicus Curiae.

Justice O'NEILL delivered the opinion of the Court.

The Texas Workers' Compensation Act provides alternative avenues for judicial review of a Texas Workers' Compensation Commission appeals panel decision depending upon whether the nature of the dispute regards "compensability or eligibility for . . . benefits" or something else. See TEX. LAB.CODE §§ 410.252, 410.301, 410.255; TEX. GOV'T CODE §§ 2001.171-178. In this case, Margarita Morales...

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