CITY OF SAN ANTONIO v. DIEHL

No. 08-10-00204-CV.

387 S.W.3d 777 (2012)

The CITY OF SAN ANTONIO, Appellant, v. James DIEHL, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled July 25, 2012.


Attorney(s) appearing for the Case

Dan Pozza , Law Offices of Dan Pozza, San Antonio TX, for Appellant.

Bradley D. McClellan , Law Offices of Richard Pena, PC, Austin TX, for Appellee.

Before McCLURE, C.J., RIVERA, and ANTCLIFF, JJ.


OPINION

ANN CRAWFORD McCLURE, Chief Justice.

This case addresses whether line of duty payments made to an injured police officer may be later recouped from his paycheck once he has received all benefits paid pursuant to workers' compensation law. Many facts are stipulated, including compensability and the amount of temporary income benefits (TIBs) paid. The parties agree that a self-insured may not recoup payments made for TIBs. They disagree whether...

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