ALL SAINTS HEALTH v. TEXAS WORKERS' COMP.

No. 03-02-00803-CV.

125 S.W.3d 96 (2003)

ALL SAINTS HEALTH SYSTEM, et al., Appellants, v. TEXAS WORKERS' COMPENSATION COMMISSION, et al., Appellees.

Court of Appeals of Texas, Austin.

Dissent on Overruling of Rehearing December 4, 2003.


Attorney(s) appearing for the Case

C. Dean Davis, Paul Matthew O'Neil, Davis & Davis, P.C., Austin, Gregory P. Blaies, Grant D. Blaies, Blaies & Hightower, LLP, Fort Worth, Carl D. Besch, San Antonio, Michael L. Eagan, Dallas, for Appellants.

Dewey E. Helmcamp, III, Assistant Attorney General, Administrative Law Division, Austin, for Texas Workers' Compensation Commission.

Dudley D. McCalla, Heath, Davis & McCalla, PC, Mary Nichols, Texas Mutual Insurance Company, Austin, for Texas Mutual Insurance Company.

John D. Pringle, Law Offices of John D. Pringle, Austin, for Ace USA.

W. Jon Grove, Law Offices of Harris & Harris, Austin, for Argonaut Southwest Insurance Company.

James A. Itkin, Bradley D. McClellan, Assistant Attorneys General, Tort Litigation Division, Austin, for State Office of Risk Management.

P.M. Schenkkan, Thomas B. Hudson, Jr., William G. Christian, Christopher H. Trickey, Graves, Dougherty, Hearon & Moody, PC, Austin, for Liberty Mutual Insurance Company and Employers Insurance Company of Wausau.

Jane Lipscomb Stone, James M. Loughlin, Wilson Grosenheider Moore & Jacobs, LLP, Austin, for Continental Casualty Company, et al.

Before Justices KIDD, YEAKEL and PATTERSON.


OPINION

MACK KIDD, Justice.

All Saints Health System and other hospitals ("the Hospitals")1 appeal a declaratory judgment entered in favor of the Texas Workers' Compensation Commission ("the Commission") and several insurance companies and school districts ("the Insurers") regarding the substantive law to be applied to claims for additional reimbursement based on services which the Hospitals rendered to workers' compensation...

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