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TEXAS DEPT. OF INS. v. INSURANCE CO. OF PA.

No. 03-07-00171-CV.

306 S.W.3d 897 (2010)

TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION, Appellant, v. The INSURANCE COMPANY OF the STATE OF PENNSYLVANIA, Appellee.

Court of Appeals of Texas, Austin.

February 12, 2010.

Attorney(s) appearing for the Case

Kevin Heyburn, Assistant Attorney General, Administrative Law Division, for appellant.

John V. Fundis, Downs, Stanford, P.C., Dallas, for appellee.

Before Justices PATTERSON, PURYEAR and PEMBERTON.

OPINION

BOB PEMBERTON, Justice.

The Division of Workers' Compensation, Texas Department of Insurance, (Division)1 appeals a final summary judgment declaring that The Insurance Company of the State of Pennsylvania (ICSP) is entitled to reimbursement from the subsequent injury fund pursuant to section 410.209 of the labor code and ordering that reimbursement be made. See Tex. Lab. Code Ann. § 410.209 (West 2006...

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