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EMPLOYERS' CAS. CO. v. BRATCHER

No. 08-91-00173-CV.

823 S.W.2d 719 (1992)

EMPLOYERS* CASUALTY COMPANY, Successor In Interest to Texas Employers' Insurance Association, Appellant, v. Wanda BRATCHER, Qualified Community Survivor of the Estate of Stacy Lee Bratcher, Deceased and as Next Friend of Scott Stacy Bratcher, a minor, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled February 12, 1992.

Attorney(s) appearing for the Case

Julia E. Vaughan, Terry Rhoads, Cotton, Bledsoe, Tighe & Dawson, Midland, for appellant.

Abner Burnett, Nancy Barbour, Warren Burnett, Inc., Odessa, for appellee.

Before OSBORN, C.J., and WOODARD and KOEHLER, JJ.

OPINION

OSBORN, Chief Justice.

This appeal is from a summary judgment awarding workers' compensation benefits for the death of a toolpusher based upon the personal convenience doctrine. We reverse and render.

Facts

Stacy Lee Bratcher was employed as a toolpusher for Cherokee Drilling & Development Corporation. On the day he died, he drove to Midland to buy supplies for a drilling rig and went by the Cherokee offices. He returned...

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