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Case Name Commerce & Industry Ins. Co. v. Ferguson-Stewart
Date 05/10/2012
Note A Texas employee's death from an overdose of pain medication prescribed for his on-the-job injury was compensable.
Citation 13-10-00554-CV
WCC Citation WCC 16232012 TX
COMMERCE & INDUSTRY INSURANCE COMPANY v. FERGUSON-STEWART COMMERCE & INDUSTRY INSURANCE COMPANY, Appellant, v. KIMBERLY FERGUSON-STEWART, ET AL. , Appellees. Appellant Commerce & Industry Insurance Co. ("CIIC") argues by two issues that the trial court erred. 2010) ("An insurance carrier shall pay death benefits to the legal beneficiary if a compensable injury to the employee results in death. "). Ferguson-Stewart then petitioned for judicial review of the Division's determination in the 163th District Court of Orange County, Texas. It argues by its second issue that Ferguson-Stewart is not entitled to recover death benefits under the Texas Worker's Compensation Act ("TWCA").

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