(DOWNLOAD) "Twin City Fire Insurance Company v. Anita Cortez" by Court of Criminal Appeals of Texas ~ eBook PDF Kindle ePub Free
eBook details
- Title: Twin City Fire Insurance Company v. Anita Cortez
- Author : Court of Criminal Appeals of Texas
- Release Date : January 20, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
The main question presented in this workers compensation case is whether the beneficiaries of an award of weekly death benefit payments are entitled to mature such an award and recover a lump sum payment on the entire award when the insurance carrier fails, without justifiable cause, to make timely payments. The second question is whether, in the event that the lump sum payment is allowable, the payment is to be calculated without a discount for early payment of future benefits. The trial court rendered judgment for the beneficiaries, giving them a lump sum payment, without discount, on the entire award. The Court of Civil Appeals affirmed. 562 S.W.2d 940. We agree with the lower courts conclusion that a lump sum payment is proper in this case. We disapprove, however, of the refusal to allow a discount. We therefore reverse the judgments of both courts below and remand the cause to the District Court for the rendition of judgment in accordance with this opinion.