A Texas court of appeals reversed and rendered a trial court's judgment on a declaratory judgment action regarding the applicability of an employer responsibility offset to a workers' compensation insurer's subrogation interest in pretrial settlement's between claimants and third parties following a jury's apportionment of fault, holding that the trial court correctly determined that the claimants are entitled to offset against the insurer's subrogation lien where the insured was 65% at fault, but that the court erred when it determined that the offset 'wiped out' the insurer's entire subrogation interest.
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