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TEXAS WORKERS' COMPENSATION INS. FUND v. SIMON

No. 04-97-00713-CV.

980 S.W.2d 730 (1998)

TEXAS WORKERS' COMPENSATION INSURANCE FUND, Appellant, v. Barbara SIMON, Appellee.

Court of Appeals of Texas, San Antonio.

August 26, 1998.

Attorney(s) appearing for the Case

Paul W. Nye, Roberta S. Dohse, Audrey Mullert Vicknair, Chaves, Gonzales & Hoblit, L.L.P., Corpus Christi, Jeff R. Boggess, Austin, for Appellant.

David O. Gonzalez, Baldemar Gutierrez, Law Offices of Baldemar Gutierrez, Alice, for Appellee.

Before HARDBERGER, C.J., and RICKHOFF and ANGELINI, JJ.

OPINION ON APPELLANT'S MOTION FOR REHEARING

HARDBERGER, Chief Justice.

INTRODUCTION

This court's opinion and judgment of June 3, 1998, are withdrawn, and the following opinion and judgment are substituted to clarify that, if appellee's claim is successful on remand, damages will be assessed, according to statute, by the Workers' Compensation Commission. We revise our original opinion also to emphasize that, because we find, as a matter of law,...

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