GALPIN v. ZENITH INS. CO.

No. 04-98-00271-CV.

993 S.W.2d 146 (1999)

Leon GALPIN, Appellant, v. ZENITH INSURANCE COMPANY, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled April 19, 1999.


Attorney(s) appearing for the Case

Kevin B. Miller, Miller & Henderson, San Antonio, for appellant.

Glen M. Wilkerson, Davis & Wilkerson, P.C., Austin, for appellee.

Sitting: PHIL HARDBERGER, Chief Justice ALMA L. LÓPEZ, Justice CATHERINE STONE, Justice.


ON COURT'S MOTION

STONE, Justice.

In light of the Supreme Court's recent decision, Albertson's, Inc. v. Sinclair, 984 S.W.2d 958 (Tex. 1999), the opinion of this court issued on January 27, 1999 is withdrawn and this opinion is substituted therefor.

FACTUAL AND PROCEDURAL BACKGROUND

Galpin was injured in an accident on October 2, 1996 and sought recovery of workers' compensation benefits. After...

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