Legal Opinion

Hulshouser v. Texas Workers' Compensation Insurance Fund

Texas Court of Appeals, 5th District (Dallas)

Decided July 30, 2004No. 05-03-00906-CVPublishedCited by 13 opinions

1Opinion of the Court

OPINION

Opinion by

Justice O’NEILL.

Michael Hulshouser sued the Texas Workers’ Compensation Insurance Fund (the Fund) for bad faith, asserting its denial and delay in compensating him for his initial hernia injury aggravated that condition. The trial court granted summary judgment for the Fund on the ground that any harm resulting from the Fund’s delay in accepting compensability of the hernia condition was part of the compensation claim and thus barred by the exclusive remedy provision of the Texas Workers’ Compensation Act. We affirm.

Facts

On August 25, 1998, Michael Hulshouser injured his…

2Cases cited7 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. Massey v. Armco Steel Co.Texas Supreme Court · 1983
  3. Aranda v. Insurance Co. of North AmericaTexas Supreme Court · 1988
  4. Western Casualty and Surety Company v. GonzalesTexas Supreme Court · 1975
  5. Payne v. Galen Hospital Corp.Texas Supreme Court · 2000

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

3Cited by13 opinions

  1. Texas Mutual Insurance Co. v. Ruttiger, Texas Court of Appeals, 1st District (Houston)2008
  2. Warnke v. Nabors Drilling USA, L.P., Texas Court of Appeals, 1st District (Houston)2011
  3. Stacy v. GREAT LAKES AGRI MARKETING, INC.Nebraska Supreme Court · 2008
  4. Michael Effinger v. Cambridge Intgrtd Svc Grp IncCourt of Appeals for the Fifth Circuit · 2011
  5. Liberty Insurance Corp. v. Camero, Texas Court of Appeals, 5th District (Dallas)2011

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

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