Article ID: 0f504993eb95d9a4c0268e843c0e6a0a6a1303dcd27567f91fcf4d17bb98baee
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URL: https://www.businessinsurance.com/texas-court-revives-comp-insurers-subrogation-dispute/
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Texas court revives comp insurer’s subrogation dispute - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Texas court revives comp insurer’s subrogation dispute by Louise Esola Claims Disputes , Workers Comp Coverage , Workplace Safety Jun 2, 2026 A Texas appeals court ruled that a workers compensation insurer was improperly denied the chance to fully litigate its subrogation claim over medical benefits paid after a teacher was fatally injured in a 2008 van crash in Mexico. The 9th District Court of Appeals in Beaumont on Thursday reversed and remanded a Jefferson County trial court’s orders determining lien amounts in favor of East Texas Educational Insurance Association, a workers compensation insurer for Little Cypress-Mauriceville Consolidated Independent School District. Mary Louise Jones, a district teacher, was among a group of educators traveling in Mexico for a Spanish immersion program when the van they were in veered off a mountain road in May 2008. She later died from her injuries. Her beneficiaries intervened in related products liability litigation against Toyota. ETEIA intervened in the Toyota litigation seeking reimbursement for workers compensation benefits it paid, including death benefits, temporary income benefits and medical benefits. The insurer claimed a total lien of $820,065.59, including $350,000 it said it paid to TRS-ActiveCare to reimburse medical benefits tied to Ms. Jones’ compensable injury. The trial court found ETEIA had established only $419,785.59 in benefits and did not include the disputed $350,000 medical reimbursement. It also deducted attorney fees and expenses from the insurer’s recovery. The appeals court said the trial court abused its discretion by summarily adjudicating the insurer’s subrogation claim during a settlement hearing rather than through a trial, summary judgment or another proper procedure. The court said Texas law gives workers comp insurers a “first money” reimbursement right from third-party recoveries for benefits paid, including medical benefits. 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