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STATE OFFICE OF RISK MANAGEMENT v. JOINER

No. 06-11-00076-CV.

363 S.W.3d 242 (2012)

STATE OFFICE OF RISK MANAGEMENT, Appellant, v. Elaine E. Banks JOINER, Appellee.

Court of Appeals of Texas, Texarkana.

Decided: March 21, 2012.

Attorney(s) appearing for the Case

Kevin D. Molina , Office of Attorney General, Tort Litigation, Division, Austin, TX, for appellant.

Elaine E. Banks Joiner , Elgin, TX, for appellee.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.

OPINION

Opinion by Justice MOSELEY.

This opinion on rehearing is issued as a substitute for our original opinion issued January 12, 2012.

I. Background

This workers' compensation case emanates from a slip and fall injury Elaine E. Banks Joiner sustained while employed by the Texas Department of Health and Human Services in July 2004.1 As a result of her fall, Joiner underwent a distal clavicle resection arthroplasty...

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