ZENITH INS. CO. v. AYALA

No. 09-0292.

325 S.W.3d 176 (2010)

ZENITH INSURANCE COMPANY, Petitioner, v. Carmen AYALA, Respondent.

Supreme Court of Texas.

Rehearing Denied December 3, 2010.


Attorney(s) appearing for the Case

John V. Fundis , Downs & Stanford, P.C., Dallas, Don Rynn Freiling , Law Office of Robert Yates, Irving, David L. Swanson , and Jane Lipscomb Stone , Stone Loughlin & Swanson, LLP, Austin, for Petitioner.

Leslie R. Casaubon , The Casaubon Firm, L.L.P., Lewisville, Wm. Randell Johnson , Law Offices of Wm. Randell Johnson, Plano, Bradley Dean McClellan , and Richard Pena , Law Offices of Richard Pena, P.C., Austin, for Respondent.


PER CURIAM.

In this workers' compensation case, the court of appeals concluded that the carrier waived its right to dispute the extent of the claimant's compensable injury by failing to adhere to Texas Labor Code section 409.021(c)'s sixty-day deadline. 325 S.W.3d 209. We recently held that the sixty-day period for challenging compensability does not apply to a dispute over extent of...

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