CIIC also claims, based on Transcontinental Insurance Co. v. Crump, 330 S. W. 3d 211 (Tex. We hold that the trial court did not abuse its discretion in excluding certain evidence of Stewarts prescription drug use. Under this modified de novo review, all issues regarding compensability of the injury may be tried by the jury or court. The party appealing the TWCCs ruling bears the burden of proof by a preponderance of the evidence. if the claimant prevails on an issue on which judicial review is sought by the insurance carrier ) (emphasis added).

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