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SECOND INJURY FUND v. TOMON

No. C14-92-00291-CV.

853 S.W.2d 654 (1993)

SECOND INJURY FUND, Appellant, v. John Wayne TOMON and Old Republic Insurance Company, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied April 29, 1993.

Attorney(s) appearing for the Case

Mike Thompson, Jr., Austin, for appellant.

Mike Falick, Jerry D. Conner, William J. Collins, Houston, for appellees.

Before ROBERTSON, CANNON and BOWERS, JJ.

OPINION

CANNON, Justice.

The State's Second Injury Fund appeals from a judgment ordering the Fund to pay John Wayne Tomon the sum of $128,435.52, representing a lump sum payment of lifetime benefits at a stipulated compensation rate. The Fund brings five points of error essentially claiming (1) there can be no recovery from the Fund absent a finding that Tomon suffered a total loss of use of a body part before the "second" injury of May 23, 1986, and (2...

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