New Hampshire Insurance Company, Sunsets West, Inc. and R. M. Personnel, Inc. v. Luis Alberto Rodriguez

Court of Appeals of Texas

New Hampshire Insurance Company, Sunsets West, Inc. and R. M. Personnel, Inc. v. Luis Alberto Rodriguez

DecidedJanuary 11, 2019

Docket08-15-00173-CV

StatusPublished

This text of New Hampshire Insurance Company, Sunsets West, Inc. and R. M. Personnel, Inc. v. Luis Alberto Rodriguez (New Hampshire Insurance Company, Sunsets West, Inc. and R. M. Personnel, Inc. v. Luis Alberto Rodriguez) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

New Hampshire Insurance Company, Sunsets West, Inc. and R. M. Personnel, Inc. v. Luis Alberto Rodriguez, (Tex. Ct. App. 2019).

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Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

NEW HAMPSHIRE INSURANCE § COMPANY, SUNSETS WEST, INC., and No. 08-15-00173-CV R.M. PERSONNEL, INC. § Appeal from the Appellants, § County Court at Law No. 3 v. § of El Paso County, Texas LUIS ALBERTO RODRIGUEZ, § (TC# 2007-5339) Appellee. §

JUDGMENT

The Court has considered this cause on the record and concludes there was no error in the part of the judgment with respect to R.M. Personnel, Inc. We therefore affirm that part of the judgment. We conclude there was error in the part of the judgment with respect to Sunsets West, Inc. We therefore order that the judgment be modified to reflect a prejudgment interest start date of April 22, 2008 with respect to Sunsets West, Inc. The judgment, as modified, is affirmed with respect to Sunsets West, Inc. We further conclude there was error in the judgment with respect to New Hampshire Insurance Company. We therefore reverse that part of the judgment with respect to New Hampshire Insurance Company and render judgment (1) that New Hampshire Insurance is not entitled to reimbursement from the jury award, and (2) ordering New Hampshire Insurance Company to apply a credit in the amount of $4,066,648.67, as an advance against future benefits, and to resume payment of workers’ compensation benefits that would otherwise be payable once this credit has been applied, in accordance with the opinion of this Court. It is further ordered that Appellee recover from Appellants Sunsets West, Inc. and R.M. Personnel, Inc. and their sureties, if any, see Tex.R.App.P. 43.5, for performance of the judgment and all costs, both in this Court and the court below, for which let execution issue. This decision shall be certified below for observance. IT IS SO ORDERED THIS 11TH DAY OF JANUARY, 2019.

YVONNE T. RODRIGUEZ, Justice

Before McClure, C.J., Rodriguez, and Hughes, J. Hughes, J. (Not Participating)

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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

NEW HAMPSHIRE INSURANCE § COMPANY, SUNSETS WEST, INC., and No. 08-15-00173-CV R.M. PERSONNEL, INC. § Appeal from the Appellants, § County Court at Law No. 3 v. § of El Paso County, Texas LUIS ALBERTO RODRIGUEZ, § (TC# 2007-5339) Appellee. §

JUDGMENT

The Court has considered this cause on the record and concludes there was no error in the part of the judgment with respect to R.M. Personnel, Inc. We therefore affirm that part of the judgment. We conclude there was error in the part of the judgment with respect to Sunsets West, Inc. We therefore order that the judgment be modified to reflect a prejudgment interest start date of April 22, 2008 with respect to Sunsets West, Inc. The judgment, as modified, is affirmed with respect to Sunsets West, Inc. We further conclude there was error in the judgment with respect to New Hampshire Insurance Company. We therefore reverse that part of the judgment with respect to New Hampshire Insurance Company and render judgment (1) that New Hampshire Insurance is not entitled to reimbursement from the jury award, and (2) ordering New Hampshire Insurance Company to apply a credit in the amount of $4,066,648.67, as an advance against future benefits, and to resume payment of workers’ compensation benefits that would otherwise be payable once this credit has been applied, in accordance with the opinion of this Court. It is further ordered that Appellee recover from Appellants Sunsets West, Inc. and R.M. Personnel, Inc. and their sureties, if any, see Tex.R.App.P. 43.5, for performance of the judgment and all costs, both in this Court and the court below, for which let execution issue. This decision shall be certified below for observance. IT IS SO ORDERED THIS 11TH DAY OF JANUARY, 2019.

YVONNE T. RODRIGUEZ, Justice

Before McClure, C.J., Rodriguez, and Hughes, J. Hughes, J. (Not Participating)

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Bluebook (online)

New Hampshire Insurance Company, Sunsets West, Inc. and R. M. Personnel, Inc. v. Luis Alberto Rodriguez, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-hampshire-insurance-company-sunsets-west-inc-and-r-m-personnel-texapp-2019.