Downs v. Continental Casualty Co.

OPINION

Opinion by:

SARAH B. DUNCAN, Justice.

We grant Continental Casualty Co.’s and Mary Ann Downs’ motions for rehearing, withdraw our opinion and judgment issued January 26, 2000, and in their place issue this opinion and a revised judgment.

After the Texas Workers’ Compensation Commission found Raymond Downs’ death was not compensable, it denied the timely claim for death benefits filed by his widow, Mary Ann Downs. Downs appealed, contending Continental Casualty Co. waived its right to deny compensability by failing to either begin the payment of benefits or send notice of its refusal to…