Travelers Indemnity Co. of Rhode Island v. Montelongo

OPINION

SEERDEN, Justice.

The issue before us is whether an insurance carrier may appeal a completely favorable ruling from the Industrial Accident Board (IAB) under Tex.Rev.Civ.Stat.Ann. art. 8307 § 5 (Vernon Pamph.1990). After the IAB denied the claimant, Mrs. Montel-ongo, any recovery on her claim for benefits arising out of the death of her husband, both she and the carrier, Travelers Indemnity Company of Rhode Island, appealed. The day after the IAB ruling, the carrier filed this suit in Refugio County, where the incident in which the worker was killed occurred. Twenty minutes later, the…