Texas Employers' Insurance Ass'n v. Borum

ON APPELLANT’S MOTION FOR REHEARING EN BANC

CARR, Justice.

Appellant’s Motion for Rehearing is denied en banc. The panel opinion of February 28, 1992, is withdrawn and the following en banc opinion is substituted in its place.

This is an appeal from a summary judgment in a workers’ compensation case. This is the second time an appeal on this case has been presented to this court. The first appeal, 776 S.W.2d 605, also from a summary judgment, resulted in a reversal and remand to the trial court for trial. Cindy Mothershead Borum, appellee, brought suit against Texas Employers’ Insurance…