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

No. 05-0171.

276 S.W.3d 443 (2008)

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

Supreme Court of Texas.

Decided December 19, 2008.

Rehearing Denied February 27, 2009.

Attorney(s) appearing for the Case

Mike A. Hatchell, Molly H. Hatchell, Susan A. Kidwell, LockeLord Bissell & Liddell, LLP, Austin, TX, Lawrence D. Smith, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., San Antonio, TX, for Petitioner.

Alan D. Tysinger, Miller & Tysinger, P.C., Kevin B. Miller, Law office of Miller & Bicklein, San Antonio, TX, for Respondent.

P.M. Schenkkan, Peter D. Kennedy, Graves, Dougherty, Hearon & Moody, Mary Barrow Nichols, Texas Mutual Insurance Company, Jack W. Latson, Robert D. Stokes, Flahive Ogden & Latson, Austin, TX, for Amici.

Justice HECHT delivered the opinion of the Court, in which Justice WAINWRIGHT, Justice BRISTER, Justice JOHNSON, and Justice WILLETT joined.

In Continental Casualty Co. v. Downs, we construed section 409.021(a) of the Workers' Compensation Act1 to preclude a carrier from contesting the compensability of an employee's injury unless, within seven days of receiving notice of injury, it either began to pay benefits or gave written notice...

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