Supreme Court of Texas.
The HOME INDEMNITY COMPANY, Petitioner,
Melba Sue OVERSTREET, Respondent.
Jan. 29, 1986.
Rehearing Denied March 5, 1986.
Attorneys & Firms
*15 Royal H. Brin, Jr., Thomas E. Bishop, P. Michael Jung, Dallas, for petitioner.
John B. Wilson, Wilson, Williams & Molberg, Dallas, for respondent.
This is a worker’s compensation case in which the trial court granted summary judgment for the compensation carrier based on the defenses of election of remedies, estoppel, ratification, and waiver. Initially, the court of appeals affirmed the judgment. 696 S.W.2d 188 (Tex.App. 5 Dist.1985).
We refuse the application for writ of error, no reversible error. However, we expressly disapprove the court of appeals’ holding that Overstreet’s recovery, if any, shall be first for the use and benefit of Lincoln National Life Insurance Company to the extent of all medical services and disability paid to or for the benefit of Overstreet. The court of appeals did not have jurisdiction over that issue because of the limited nature of our remand, and because Lincoln National Life Insurance Company is not a party.