Fidelity & Casualty Co. of New York v. Hailes

OPINION

McCLURE, Justice.

Fidelity & Casualty Company of New York (Fidelity) appeals from the denial of its motion for summary judgment and the granting of summary judgment in favor of Wesley S. Hailes (Hailes), in a suit brought by Hailes for judicial review of a decision of the Texas Workers’ Compensation Commission Appeals Panel. The sole question presented for review is whether the Workers’ Compensation Commission may order, pursuant to former Article 8308-4.30 of the Revised Civil Statutes, 1 the reduction of benefits due to a contributing injury which occurred prior to September 1,1991.…