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  5. 834 S.W.2d 395 (1992)
 

TEXAS EMPLOYERS' INS. ASS'N v. BORUM

No. 04-91-00259-CV.

834 S.W.2d 395 (1992)

TEXAS EMPLOYERS' INSURANCE ASSOCIATION, Appellant, v. Cindy Mothershead BORUM, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied May 20, 1992.

Rehearing Denied July 8, 1992.

Attorney(s) appearing for the Case

Carlos Villarreal, Hunt, Hermansen, McKibben & Barger, L.L.P., Corpus Christi, for appellant.

Michael G. Terry, Edwards & Terry, Corpus Christi, for appellee.

Before the court en banc.

ON APPELLANT'S MOTION FOR REHEARING EN BANC

CARR, Justice.

Appellant's Motion for Rehearing is denied en banc. The panel opinion of February 28, 1992, is withdrawn and the following en banc opinion is substituted in its place.

This is an appeal from a summary judgment in a workers' compensation case. This is the second time an appeal on this case has been presented to this court. The first appeal, 776 S.W.2d 605

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