COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-08-444-CV LIBERTY MUTUAL INSURANCE COMPANY V. ROY BURK FROM THE 97TH DISTRICT COURT OF MONTAGUE COUNTY OPINION Liberty Mutual Insurance Company appeals the judgment for Roy Burk in its suit for judicial review of a decision from an Appeals Panel of the Texas Department of Insurance, Division of Workers= Compensation. Although Liberty Mutual accepted the injury, it later disputed the extent of Burk=s injury. Liberty Mutual then sought judicial review of the appeals panel decision by filing suit in Montague County. The trial court, without objection from Liberty Mutual, took judicial notice of the hearing officer=s decision from the CCH. Despite Liberty Mutual=s burden of proof, Liberty Mutual argues there is no evidence to support the trial court=s judgment because Burk did not offer testimony from a medical expert at trial.

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