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Affirmed and Opinion filed August 26 2008.
In The Fourteenth Court of Appeals
NO. 14-06-00905-CV
TRANSCONTINENTAL INSURANCE COMPANY Appellant
V.
JOYCE CRUMP Appellee
On Appeal from the 400th District Court
Fort Bend County Texas
Trial Court Cause No. 02-CV-125132
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the jury to render a verdict." TEX. R. CIV. P. 277. An instruction is proper if it 1 assists the jury 2 accurately states the law and 3 finds support in the pleadings and evidence. Transcon. Ins. Co. v. Crump 330 S.W.3d 211 221 Tex. 2010 quoting Union Pac. R.R. Co. v. Williams 85 S.W.3d
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TRANSCONTINENTAL INSURANCE COMPANY Petitioner
v.
JOYCE CRUMP Respondent.
No. 09-0005.
Supreme Court of Texas.
Argued January 20 2010.
Opinion Delivered August 27 2010.
Justice GREEN delivered the opinion of the Court in which Chief Justice JEFFERSON Justice HECHT Justice
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award and also awarded attorneys fees in favor of Kimberly Ferguson-Stewart Stewarts beneficiary. On appeal CIIC challenges the trial courts exclusion of evidence showing Stewarts history of prescription pain medication use. CIIC also claims based on Transcontinental Insurance Co. v. Crump 330
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lawsuit will necessarily fail.
"Compensable injury" means an injury that naturally arises out of and in the course and scope of employment for which compensation is payable. TEX. LABOR CODE ANN. § 401.01110 West Supp. 2012; see Transcon. Ins. Co. v. Crump 330 S.W.3d 211 221 Tex. 2010
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Transcontinental Ins. Co. v. Crump 274 S.W.3d 86 Tex. App.--Houston 14th Dist. 2008 pet. filed. In Crump the insurance carrier did not prevail on judicial review of a worker's compensation award and was held liable for the claimant's attorney's fees under section 408.221c. In one of its issues on appeal
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or working conditions are shown to be a producing cause of injury. See Transcon. Ins. Co. v. Crump 330 S.W.3d 211 221 & n.5 Tex. 2010 citing Travelers Ins. Co. v. Peters 14 S.W.2d 1007 1008 Tex. Comm n App. holding approved vacated on other grounds 17 S.W.2d 457 Tex. Comm n App. 1929
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Tex. App. San Antonio 2009 pet. denied. An injury arises out of employment if the employee's work or working conditions are shown to be a producing cause of injury. See Transcon. Ins. Co. v. Crump 330 S.W.3d 211 221 & n.5 Tex. 2010 citing Travelers' Ins. Co. v. Peters 14 S.W.2d 1007 1008
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Transcont'l. Ins. v. Crump 274 S.W.3d 86 100-02 Tex. App.-Houston 14th Dist. 2008 pet. granted; Discover Prop. & Cas. Ins. Co. v. Tate 298 S.W.3d 249 262 Tex. App.-San Antonio 2009 pet. filed Marion J. dissenting. Specifically we held that because section 408.221 requires evidence to be
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and costs associated with de novo trials under prior act through among other things greater reliance on administrative proceedings and stronger regulation of attorneys' fee awards; see also Transcontinental Ins. Co. v. Crump No. 09-0005 53 Tex. Sup. J. 1124 2010 Tex. LEXIS 616 at 58-59 n.2 Tex
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