Tucker v. Texas Employers Insurance Ass'n

ON REHEARING

LEVY, Justice.

Our opinion of August 25, 1988, is withdrawn, and the following opinion is issued in its stead.

This is a take-nothing judgment rendered against appellant on his action for attorney's fees brought under the Texas Worker’s Compensation Act, Tex.Rev.Civ.Stat. Ann. art. 8307, sec. 6a (Vemon Supp.1989).

The claim that is the subject of this appeal was severed from a prior third-party worker’s compensation suit for on-the-job injuries brought by Alton W. Tucker against Dow Chemical Company (“Dow”), and EIMCO Process Equipment Company (“EIMCO”). Immediately prior to trial…