Stott v. Texas Employers Insurance Ass'n

ON MOTION FOR REHEARING

I respectfully dissent. The language of the Workers’ Compensation Act clearly states that “Upon settlement of all cases where the carrier admits liability for the death but a dispute exists as to the proper beneficiary ... attorney’s fees shall be paid periodically and not in a lump sum.” Tex. Rev.Civ.Stat.Ann. art. 8306 § 8(d). Counsel for Mary Stott reiterated both in the trial court and before this Court that TEIA admitted liability for the death benefits and the case was tried only as a dispute between the beneficiaries. This is precisely the situation contemplated…