Texas Workers' Compensation Insurance Fund v. Mandlbauer

We grant Respondent Mike Mandl-bauer’s Motion for Rehearing. We withdraw our opinion of August 24, 2000 and substitute the following opinion.

We consider two issues: (1) whether the claimant, Mike Mandlbauer, was entitled to jury instructions on “producing cause” in his workers’ compensation case; and (2) whether the court of appeals’ mandate properly assessed costs against the Texas Workers’ Compensation Insurance Fund. We conclude that Mandlbauer was not entitled to such instructions because the jury charge did not mention producing cause. We also conclude that the court of appeals’ mandate…