Legal Opinion

Texas Workers' Compensation Insurance Fund v. Serrano

Texas Supreme Court

Decided February 13, 1998No. 97-0288PublishedCited by 11 opinions

1Per curiam

Section 417.002(a) of the Texas Workers’ Compensation Act provides that “[t]he net amount recovered by a claimant in a third-party action shall be used to reimburse the insurance carrier for benefits, including medical benefits, that have been paid for the compensable injury.” Tex. Lab.Code § 417.002(a). The single question before us is whether the carrier must prove that the amount of benefits paid was reasonable and necessary before it is entitled to reimbursement. The court of appeals answered yes. — S.W.2d-. We disagree.

Jose Serrano sustained disabling on-the-job injuries when he was…

2Cases cited10 opinions

  1. Medina v. HerreraTexas Supreme Court · 1996
  2. Fort Worth Lloyds v. HaygoodTexas Supreme Court · 1952
  3. New York Underwriters Insurance Co. v. State Farm Mutual Automobile Insurance Co., Texas Court of Appeals, 5th District (Dallas)1993
  4. Guillot v. HixTexas Supreme Court · 1992
  5. Lege v. Jones, Texas Court of Appeals, 14th District (Houston)1996

5 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Argonaut Insurance Co. v. BakerTexas Supreme Court · 2002
  2. Texas Mutual Insurance Co. v. LedbetterTexas Supreme Court · 2008
  3. Casualty Reciprocal Exchange v. Demock, Texas Court of Appeals, 8th District (El Paso)2002
  4. Texas Workers' Compensation Insurance Fund v. Serrano, Texas Court of Appeals, 13th District1999
  5. State ex rel. Texas Department of Transportation v. EsquivelCourt of Appeals of Texas · 2002

6 more not listed; retrieve them via the Exa API.

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