Legal Opinion

Allen v. Employers Casualty Co.

Texas Court of Appeals, 7th District (Amarillo)

Decided November 17, 1994No. 07-94-0060-CVPublishedCited by 6 opinions

1Opinion of the Court

REYNOLDS, Chief Justice.

Appealing from the take-nothing judgment rendered in her action seeking death benefits under the Texas Workers’ Compensation Act (the Act), 1 Patsy Allen, individually and as next friend of Darin Beau Allen, a minor, contends the jury’s failure to find that her deceased husband’s fatal heart attack was compensable under the Act was against the great weight and preponderance of the evidence. Allen also makes an appellate contention that section 408.008 of the Act is unconstitutional. 2 Based upon the authorities discussed, the trial court’s judgment will be affirmed.

The…

2Cases cited9 opinions

  1. In Re King's EstateTexas Supreme Court · 1951
  2. Cain v. BainTexas Supreme Court · 1986
  3. Benoit v. WilsonTexas Supreme Court · 1951
  4. Wood v. WoodTexas Supreme Court · 1959
  5. Lewis v. TEXAS EMPLOYERS'INS. ASS'NTexas Supreme Court · 1952

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3Cited by6 opinions

  1. Fort Worth Independent School District v. City of Fort WorthTexas Supreme Court · 2000
  2. Knie v. Piskun, Texas Court of Appeals, 7th District (Amarillo)2000
  3. State v. Wofford, Texas Court of Appeals, 3rd District (Austin)2000
  4. McElhaney v. City of Tyler, Texas Court of Appeals, 12th District (Tyler)1996
  5. Osterberg v. PecaCourt of Appeals of Texas · 1997

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