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Case Name | In re: Liberty Insurance Corp. and Michelle Yaklin | |
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Date | 07/16/2010 | |
Note | An injured worker's bad faith suit against a workers' compensation insurer failed because she failed to exhaust her administrative remedies. | |
Citation | 14-10-00229-CV | |
WCC Citation | WCC 14572010 TX |
In The Fourteenth Court of Appeals NO. 14-10-00229-CV In Re Liberty Insurance Corporation and Michelle Yaklin, Relators ORIGINAL PROCEEDING WRIT OF MANDAMUS OPINION On March 15, 2010, Liberty Insurance Corporation and its adjuster, Michelle Yaklin (collectively, Liberty ), filed a petition for writ of mandamus in this Court. On September 30, 2008, Liberty denied a request for left knee arthroscopy from Kennedys treating physician, Dr. Robert Fain, M. D. On February 4, 2009, Liberty changed its earlier position regarding the compensability of Kennedys knee injury, now accepting the injury as compensable. In this original proceeding, Liberty contends that the trial court abused its discretion by denying its plea to the jurisdiction. In its February 4, 2009 notice of disputed issues, Liberty states that these conditions are included in the compensable injury.
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