Legal Opinion

Hernandez v. Travelers Indemnity Co. of Rhode Island

Court of Appeals of Texas

Decided April 28, 1993No. 08-92-00303-CVPublishedCited by 1 opinion

1Opinion of the Court

OPINION

KOEHLER, Justice.

This appeal from a summary judgment raises the question of which of two workers’ compensation carriers for the same employer is liable where the employee’s first distinct manifestations of an occupational disease occurred during the policy period of one carrier but he was last exposed to the injurious chemical substance during the policy period of a second carrier. When the trial court granted the motion for summary judgment of the first carrier, it had the effect of making the carrier at the time of the last exposure liable. We reverse.

RELEVANT FACTS

Manuel S.…

2Cases cited7 opinions

  1. Teer v. DuddlestenTexas Supreme Court · 1984
  2. Commercial Insurance Co. of Newark v. SmithCourt of Appeals of Texas · 1980
  3. TEXAS EMPLOYERS'INSURANCE ASS'N v. EtheredgeTexas Supreme Court · 1954
  4. Travelers Insurance Company v. MillerCourt of Appeals of Texas · 1965
  5. McNamara v. Freedom Newspapers, Inc., Texas Court of Appeals, 13th District1991

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3Cited by1 opinion

  1. Garcia v. Travelers Indemnity Co. of Rhode IslandDistrict Court, W.D. Texas · 1995

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