(DOWNLOAD) "Zurich American Insurance Co. v. Gill" by Texas Fourteenth District Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Zurich American Insurance Co. v. Gill
- Author : Texas Fourteenth District Court of Appeals
- Release Date : January 08, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
In a single point, Appellant Zurich American Insurance Company appeals the trial courts summary judgment in favor of Appellee Lauren Gill, affirming that Zurich owes medical benefits to Gill under a workers compensation claim. The issue before this court is the interpretation of Texas Labor Code section 409.021(c) regarding the effect of the failure to contest the compensability of an injury. Zurichs position is that (1) its failure to dispute that Gill had a compensable injury does not mean that it cannot dispute whether she had an injury at all, and (2) this court should render judgment in its favor because it proved to the trial court that no injury occurred as a matter of law. Gills position is that (1) by failing to timely dispute compensability, Zurich has waived its ability to contest the occurrence of this injury, and (2) she established that an injury occurred as a matter of law. Because we hold that Gill had an injury and that Zurich could not contest the compensability of the injury, we affirm the trial courts judgment.