Nationwide Mutual Insurance Co. v. Crowe
This workers' compensation death case addresses whether death benefits can be paid in a lump sum when a bona fide dispute regarding the carrier's liability exists, without requiring a settlement. The jury found John Wayne Crowe's death was job-related and that weekly installments would cause manifest hardship to his widow, Mrs. Crowe, and son, leading to a lump sum award of $126,062.89. Appellant, Nationwide Mutual Insurance Company, contested this, citing prior interpretations of Tex.Rev.Civ.Stat.Ann. art. 8306, § 8(d) that limited lump sum payments to remarriage or settlement. The court, however, clarified that the statute allows lump sum payments simply if a bona fide dispute over liability exists, regardless of settlement. Finding such a dispute, the court overruled Nationwide's appeal and affirmed the judgment for Mrs. Crowe.