Legal Opinion
Valley Forge Insurance Co. v. Austin
Texas Court of Appeals, 5th District (Dallas)
Decided December 20, 2001No. 05-00-01915-CVPublishedCited by 10 opinions
1Opinion of the Court
OPINION
DAVID F. FARRIS, Justice (Assigned).
In this workers’ compensation case, Valley Forge Insurance Company appeals from the trial court’s judgment in favor of Timothy Austin, the injured employee, and Texas Workers’ Compensation Commission, the intervenor. Because we interpret the addition of section 409.009 in the 1989 changes to the Texas Workers’ Compensation Act (the Act) as an abrogation of the common-law election-of-remedies affirmative defense, we hold that an employee does not waive his claim to workers’ compensation benefits by pursuing group health insurance benefits.…
2Cases cited4 opinions
- Bocanegra v. Aetna Life Insurance Co.Texas Supreme Court · 1980
- Vickery v. VickeryTexas Supreme Court · 1999
- Smith v. Home Indemnity Co.Court of Appeals of Texas · 1985
- Sue Pansegrau v. National Union Fire Insurance Company of Pittsburgh, Pa., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1994
3Cited by10 opinions
- Texas Mutual Insurance Co. v. Sonic Systems International, Inc., Texas Court of Appeals, 14th District (Houston)2007
- AMERICAN CAS. CO. OF READ., PENN. v. Martin, Texas Court of Appeals, 5th District (Dallas)2003
- Service Lloyds Insurance Co. v. American Alternative Insurance Corp., Texas Court of Appeals, 3rd District (Austin)2010
- Valley Forge Insurance Co. v. AustinTexas Supreme Court · 2003
- Shaffer v. StateMissouri Court of Appeals · 2003
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