Legal Opinion

Texas Workers' Compensation Insurance Fund v. Alcorta

Texas Court of Appeals, 4th District (San Antonio)

Decided March 17, 1999No. 04-97-00882-CVPublishedCited by 25 opinions

1Opinion of the Court

OPINION

2Per curiam

The instant dispute concerns the propriety of an order apportioning attorney’s fees out of a workers’ compensation subrogation recovery. For the following reasons, we reverse the trial court’s order and remand the cause to the trial court.

Factual and Procedural History

The parties stipulated to the underlying facts. On January 6,1995, during the course and scope of his employment, Abel Alcorta was injured in an automobile accident due to the negligence of Amber Starr. At the time of the accident, Alcorta’s employer was covered by a workers’ compensation policy issued by Texas Workers’…

3Cases cited7 opinions

  1. Bocquet v. HerringTexas Supreme Court · 1998
  2. Landon v. Jean-Paul Budinger, Inc.Court of Appeals of Texas · 1987
  3. Fort Worth Lloyds v. HaygoodTexas Supreme Court · 1952
  4. Watson v. Glens Falls Insurance CompanyTexas Supreme Court · 1974
  5. City of West Lake Hills v. Westwood Legal Defense FundCourt of Appeals of Texas · 1980

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

4Cited by25 opinions

  1. Southern County Mutual Insurance Co. v. Ochoa, Texas Court of Appeals, 13th District2000
  2. Erivas v. State Farm Mutual Automobile Insurance Co., Texas Court of Appeals, 8th District (El Paso)2004
  3. Gray Law LLP v. Transcontinental InsuranceCourt of Appeals for the Fifth Circuit · 2009
  4. Leyva v. Ace American Insurance Co., Texas Court of Appeals, 8th District (El Paso)2010
  5. Tyson Foods, Inc. v. CraigCourt of Appeals of Georgia · 2004

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

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