Legal Opinion

Zenith Insurance Co. v. Ayala

Texas Supreme Court

Decided June 11, 2010No. 09-0292PublishedCited by 4 opinions

1Per curiam

In this workers’ compensation case, the court of appeals concluded that the carrier waived its right to dispute the extent of the claimant’s compensable injury by failing to adhere to Texas Labor Code section 409.021(c)’s sixty-day deadline. 325 S.W.3d 209. We recently held that the sixty-day period for challenging compensa-bility does not apply to a dispute over extent of injury. State Office of Risk Mgmt. v. Lawton, 295 S.W.3d 646, 649-50 (Tex.2009). In light of Lawton, we reverse the court of appeals’ judgment and remand this case to the trial court for further proceedings.

On January 23,…

2Cases cited3 opinions

  1. State Office of Risk Management v. LawtonTexas Supreme Court · 2009
  2. Buffington v. DeLeon, Texas Court of Appeals, 1st District (Houston)2005
  3. Zenith Insurance Co. v. Ayala, Texas Court of Appeals, 5th District (Dallas)2009

3Cited by4 opinions

  1. Guadalupe Caldera v. Ins Co. of the State of PACourt of Appeals for the Fifth Circuit · 2013
  2. Aaron S. Holmes, Dallas Spine Care P A v. Zurich American Insurance Company, Texas Court of Appeals, 5th District (Dallas)2014
  3. Charles Durst, Jr. v. Texas Mutual Insurance Company and Russell L. Davis, Texas Court of Appeals, 4th District (San Antonio)2010
  4. in Re Texas Mutual Insurance Company, Texas Court of Appeals, 14th District (Houston)2010

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