Texas Supreme Court

Continental Casualty Company, Petitioner v. Mary Ann Downs, Beneficiary of Raymond Downs, Deceased, Respondent

June 6, 200245 Tex. Sup. Ct. J. 755

Summary

The Texas Supreme Court held that a workers' compensation carrier that neither begins benefit payments nor provides a notice of refusal within seven days of receiving notice of injury fails to satisfy the statutory requirement and therefore cannot later contest the compensability of the claim; the Court affirmed the Court of Appeals' judgment. Justice Jefferson dissented, arguing that the statute only imposes a waiver at the sixty‑day deadline and that Continental should be permitted to contest compensability.