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TEXAS WORKERS' COMP. INS. FUND v. RODRIGUEZ

No. 13-95-528-CV.

953 S.W.2d 765 (1997)

TEXAS WORKERS' COMPENSATION INSURANCE FUND, Appellant, v. Gerardo RODRIGUEZ, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled October 2, 1997.

Attorney(s) appearing for the Case

David L. Brenner, Burns, Anderson, Jury & Brenner, Austin, Joe R. Anderson, Austin, Mary Nichols, General Counsel, TX Workers' Compensation Ins. Fund, Austin, for Appellant.

Edward O. Garcia, San Antonio, for Appellee.

Before DORSEY, CHAVEZ and RODRIGUEZ, JJ.

OPINION

DORSEY, Justice.

This is a suit by the Texas Workers' Compensation Insurance Fund (the Fund) to overturn an appeals panel's decision which, in effect, found that the claimant, Gerardo Rodriguez, was in the course and scope of his employment when he was allegedly injured. Rodriguez and the Fund moved for summary judgment, and the court granted summary judgment for Rodriguez and denied summary judgment for the Fund. By two points of error, the Fund...

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