American Motorists Insurance Co. and Thom Gibson, Petitioners v. Barbara Anne Fodge, Respondent

Summary

The Texas Supreme Court held that a workers' compensation claimant cannot sue for damages arising from a denial of benefits without a prior Workers' Compensation Commission determination, but may sue for damages caused by the insurer's improper delay in paying benefits that the Commission has awarded. The Court reversed the Court of Appeals and remanded for further proceedings.