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Jeff Palmer, an employee of Barsh Company, suffered a back injury, leading to a workers’ compensation claim with Texas Mutual Insurance Company (TMIC), adjusted by Gloria Williams. A dispute arose regarding the extent of his injury, causing delays in a pre-authorized surgery. Palmer sued TMIC and Williams for bad faith, alleging violations of common law, the insurance code, and the DTPA. The trial court submitted insurance code claims to the jury despite objections from TMIC, leading to a verdict for Palmer. The Court of Appeals reversed this judgment, ruling that the insurance code claims were not properly pleaded or tried by consent, thus nullifying the damages awarded to Palmer.
Texas Mutual Insurance Company & Gloria Williams v. Palmer, Jeff is a workers' compensation case decided in Texas Court of Appeals, 5th District (Dallas). This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Court of Appeals, 5th District (Dallas).
Full Decision Text1 Pages
Jeff Palmer, an employee of Barsh Company, suffered a back injury, leading to a workers’ compensation claim with Texas Mutual Insurance Company (TMIC), adjusted by Gloria Williams. A dispute arose regarding the extent of his injury, causing delays in a pre-authorized surgery. Palmer sued TMIC and Williams for bad faith, alleging violations of common law, the insurance code, and the DTPA. The trial court submitted insurance code claims to the jury despite objections from TMIC, leading to a verdict for Palmer. The Court of Appeals reversed this judgment, ruling that the insurance code claims were not properly pleaded or tried by consent, thus nullifying the damages awarded to Palmer.
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