In Re Texas Workers' Compensation Insurance Fund

Justice HECHT, joined by Justice OWEN, dissenting from the denial of the petition for writ of mandamus.

I respectfully dissent from the denial of petitioner’s motion for rehearing of the denial of its petition for mandamus.

Jose Serrano and his family filed suit for injuries he suffered at work when he was crushed between a trailer loaded with vegetables and a truck, rendering him paraplegic. The Texas Workers’ Compensation Insurance Fund intervened to assert its subrogation claim for compensation benefits paid Serrano. Plaintiffs then sued TWCIF for bad faith and statutory violations based on…