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TEXAS MUT. INS. CO. v. LEDBETTER

No. 06-0814.

251 S.W.3d 31 (2008)

TEXAS MUTUAL INSURANCE COMPANY, Petitioner, v. Paula LEDBETTER, Representative of the Estate of Charles Wade Ledbetter, Individually and as Next Friend of Dustin Wade Ledbetter, a Minor, and Tonja Ledbetter and Jamie Ledbetter, Individually, Respondents.

Supreme Court of Texas.

Opinion Delivered April 4, 2008.

Attorney(s) appearing for the Case

Blake Bradford Thompson, The Thompson Law Office, Stephenville, Michael L. Byrd, Byrd & Associates, Lubbock, Mary Barrow Nichols, Jackie M. Kenyon, Texas Mutual Insurance Company, Mary A. Keeney, Graves Dougherty Hearon & Moody, P.C., Austin, TX, for Petitioner.

David C. Hall, Lance Hall, Sweetwater, Burt L. Burnett, Burnett & Burke, L.L.P., Abilene, for Respondents.

R. Bruce Moon, Brian J. Brandstetter, Brackett & Ellis, P.C., Fort Worth, TX, for Randy Nelms.

Joshua T. Kutchin, Robert H. Fugate, Fanning, Harper & Martinson, P.C., Dallas, TX, for Williams Scotsman, Inc.

William Lowe Burke III, Burnett & Burke, L.L.P., Abilene, TX, for D.L., Minor.

Justice BRISTER delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice HECHT, Justice O'NEILL, Justice WAINWRIGHT, Justice MEDINA, Justice GREEN, and Justice WILLETT joined, and in which Justice JOHNSON joined as to Parts I through III and Part V.

For decades, Texas law has required the first money recovered by an injured worker from a tortfeasor to go to the worker's compensation carrier, and until the carrier "is paid in full the employee...

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