STATE OFFICE OF RISK MANAGEMENT v. Martinez

OPINION

OPINION ON APPELLEE’S MOTION FOR REHEARING

Opinion by:

PHYLIS J. SPEEDLIN, Justice.

The motion for rehearing filed by appel-lee Edna A. Martinez is denied. This court’s opinion and judgment dated April 1, 2009, are withdrawn, and this opinion and judgment are substituted.

In this workers’ compensation case, the State Office of Risk Management appeals the trial court’s pre-trial directed verdict in favor of Edna A. Martinez, an employee of the Texas Department of Protective and Regulatory Services. We reverse the judgment of the trial court and remand for further proceedings.

Factual and…