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TEXAS DEPT. INS. v. LUMBERMENS MUT. CAS.

No. 03-05-00785-CV.

212 S.W.3d 870 (2006)

TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION, formerly known as Texas Workers' Compensation Commission, Appellant, v. LUMBERMENS MUTUAL CASUALTY COMPANY; Petroleum Casualty Company; State Office of Risk Management; International Paper, Self-Insured; Dallas Fire Insurance Company and Harrison County, Texas, Appellees.

Court of Appeals of Texas, Austin.

December 21, 2006.

Attorney(s) appearing for the Case

Brenda E. Brockner, Asst. Atty. Gen., Austin, for Appellant.

Robert D. Stokes, Flahive, Ogden & Latson, Austin, Nelly R. Herrera, Office of Atty. General-Tort Litigation, Robert T. Bass, Allison, Bass & Associates, LLP, Jane Lipscomb Stone, Stone, Loughlin & Swanson, Austin, W. Jon Grove, Downs & Stanford, PC, Dallas, for Appellees.

Before Justices B.A. SMITH, PEMBERTON and WALDROP.

OPINION

BEA ANN SMITH, Justice.

We withdraw our October 24, 2006 opinion and judgment, and substitute this opinion to note that we do not adopt the trial court's characterization of the issuance of the Division's advisories as an "attempt at ad hoc rulemaking." Because this change does not alter the outcome of the case, we overrule the Division's motion for rehearing, which seeks reversal of the trial court's judgment.

Texas Department of...

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