Texas Workers' Compensation Insurance Fund v. Simon

Opinion on Appellant’s Motion FOR Rehearing

HARDBERGER, Chief Justice.

Introduction

This court’s opinion and judgment of June 3, 1998, are withdrawn, and the following opinion and judgment are substituted to clarify that, if appellee’s claim is successful on remand, damages will be assessed, according to statute, by the Workers’ Compensation Commission. We revise our original opinion also to emphasize that, because we find, as a matter of law, that appellant did not meet its summary judgment burden, appellee was not required to bring forward evidence raising a fact issue on causation.

The Texas…