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TEXAS WORKERS' COMP. INS. v. MANDLBAUER

No. 99-1204.

34 S.W.3d 909 (2000)

TEXAS WORKERS' COMPENSATION INSURANCE FUND, Petitioner, v. Mike MANDLBAUER, Respondent.

Supreme Court of Texas.

Rehearing Overruled January 18, 2001.

Attorney(s) appearing for the Case

Jeffrey R. Boggess, Mary Barrow Nichols, Texas Workers' Compensation Ins. Fund, Michael James Donovan, Burns Anderson Jury & Brenner, Austin, for petitioner.

Mike Jacobellis, Clay Dugas & Associates, Orange, for respondent.

PER CURIAM.

We grant Respondent Mike Mandlbauer's Motion for Rehearing. We withdraw our opinion of August 24, 2000 and substitute the following opinion.

We consider two issues: (1) whether the claimant, Mike Mandlbauer, was entitled to jury instructions on "producing cause" in his workers' compensation case; and (2) whether the court of appeals' mandate properly assessed costs against the Texas Workers' Compensation Insurance Fund. We conclude that Mandlbauer...

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