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VISTA HEALTHCARE, INC. v. TEXAS MUT. INS.

No. 03-09-00178-CV.

324 S.W.3d 264 (2010)

VISTA HEALTHCARE, INC., Appellant, v. TEXAS MUTUAL INSURANCE COMPANY; Texas Department of Insurance, Division of Workers' Compensation; Texas Association of School Boards Risk Management Fund; and The Travelers Insurance Companies, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled October 21, 2010.

Attorney(s) appearing for the Case

David F. Bragg , Law Offices of David F. Bragg, P.C., Eric G. Carter , The Carter Law Firm, P.C., Austin, TX, for appellant.

James M. Loughlin , Stone, Loughlin & Swanson, L.L.P., Thomas B. Hudson, Jr. , Christopher H. Trickey , Graves, Dougherty, Hearon & Moody, P.C., Mary Barrow Nichols , Bryan W. Jones , Texas Mutual Insurance Company, J. Hampton Skelton , Skelton & Woody, Nicholas Canaday, III , Office of the Attorney General Environmental Protection & Administrative Law Division Austin, TX, for appellees.

Before Chief Justice JONES, Justices PEMBERTON and WALDROP.

OPINION

BOB PEMBERTON, Justice.

In an appeal arising from a workers' compensation medical benefits reimbursement dispute, Vista Healthcare, Inc., challenges a final district court judgment rejecting Vista's declaratory-judgment challenge to the validity of a rule of the Division of Workers' Compensation, Texas Department of Insurance (Division)1 and ordering that Vista take nothing on a suit for judicial review of a final...

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