AMERICAN ZURICH INS. CO. v. SAMUDIO

No. 10-0554.

370 S.W.3d 363 (2012)

AMERICAN ZURICH INSURANCE COMPANY, Petitioner, v. Daniel SAMUDIO, Respondent.

Supreme Court of Texas.

Decided June 29, 2012.


Attorney(s) appearing for the Case

Robert D. Stokes , Gregory D. Solcher , Flahive, Ogden & Latson PC, Austin TX, for American Zurich Insurance Company.

Byron C. Keeling , Ruth B. Downes , Keeling & Downes, P.C., Michael P. Doyle , Doyle Raizner LLP, David Q. Haag II , Blackwell & Haag, P.C., Houston TX, for Daniel Samudio.

Nicholas Canaday III , Office of the Attorney General, Austin, TX, for Amicus Curiae Texas Department of Insurance Division of Workers' Compensation.

Marcos Benjamin Guerra , Assistant Attorney General, for Amicus Curiae State Office Risk Management.


Justice LEHRMANN delivered the opinion of the Court.

Under the Texas Workers' Compensation Act, an injured worker's impairment income benefits are determined in part by the impairment rating assigned by the Texas Department of Insurance's Division of Workers' Compensation. TEX. LAB.CODE § 408.121(a)(1). In an appeal to the district court of the Division's impairment rating determination, unless there is evidence of a substantial change in the worker's condition...

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