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Valley Forge Insurance Company v. Austin

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AFFIRMED

In this workers’ compensation case, Valley Forge Insurance Company appeals from the trial court’s judgment in favor of Timothy Austin, the injured employee, and Texas Workers’ Compensation Commission, the intervenor. Because we interpret the addition of section 409.009 in the 1989 changes to the Texas Workers’ Compensation Act (the Act) as an abrogation of the common-law election-of-remedies affirmative defense, we hold that an employee does not waive his claim to workers’ compensation benefits by pursuing group health insurance benefits. Accordingly, we affirm.

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