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TEXAS MUTUAL INSURANCE CO. v. DEJAYNES

No. 08-18-00147-CV.

590 S.W.3d 654 (2019)

TEXAS MUTUAL INSURANCE COMPANY, Appellant, v. Anita DEJAYNES, Individually and as Next Friend of Alyssa DeJaynes, Noah Matthew DeJaynes, and Emma Michelle DeJaynes, Minor Children, Appellee.

Court of Appeals of Texas, El Paso.

November 25, 2019.

Attorney(s) appearing for the Case

ATTORNEYS FOR APPELLANT, R. Scott Placek , Arnold & Placek, P. C., 203 E Main St Ste 103, Round Rock, TX 78664, Matthew Foerster, Arnold & Placek, P.C., 203 E Main St., Ste. 201, Round Rock, TX 78664, James A. Hemphill , Graves, Dougherty, Hearon & Moody, PC, 401 Congress Avenue, Suite 2200, Austin, TX 78701.

ATTORNEY FOR APPELLEE, John E. Gibson , The Law Offices of John Gibson, P.O. Box 2218, Lubbock, TX 79408-2218.

Before Rodriguez, J., Palafox, J., and McClure, C.J. (Senior Judge), McClure, C.J. (Senior Judge), sitting by assignment.

OPINION

In a worker's compensation case, a worker's attorney who successfully appeals an adverse determination of the Division of Worker's Compensation (DWC)—subject to approval by the court—is entitled to attorney's fees.1

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