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Tex. Lab. Code § 417.002

RECOVERY IN THIRD-PARTY ACTION

Known as the Texas Workers' Compensation Act

The act spans §§ 401–419 (623 sections).

Applied in 33 court decisions — leading case Argonaut Insurance Co. v. Baker (2002)

Most recently applied in Wausau Underwriters Insurance Co. v. Wedel (April 2017)

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff

How often courts cite this section

199420002010201740
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) The net amount recovered by a claimant in a third-party action shall be used to reimburse the insurance carrier for benefits, including medical benefits, that have been paid for the compensable injury.

(b) Any amount recovered that exceeds the amount of the reimbursement required under Subsection (a) shall be treated as an advance against future benefits, including medical benefits, that the claimant is entitled to receive under this subtitle.

(c) If the advance under Subsection (b) is adequate to cover all future benefits, the insurance carrier is not required to resume the payment of benefits. If the advance is insufficient, the insurance carrier shall resume the payment of benefits when the advance is exhausted.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.