Texas Dept. of Insurance, Worker's Comp Division v. Roel De Los Santos Appeal from 229th Judicial District Court of Duval County (concurring opinion )

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Fourth Court of Appeals San Antonio, Texas CONCURRING OPINION No. 04-13-00419-CV TEXAS DEPARTMENT OF INSURANCE, Workers Compensation Division, Appellant v. Roel DE LOS SANTOS, Appellee From the 229th Judicial District Court, Duval County, Texas Trial Court No. DC-11-147 Honorable Ana Lisa Garza, Judge Presiding Opinion by: Rebeca C. Martinez, Justice Concurring Opinion by: Patricia O. Alvarez, Justice Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Delivered and Filed: August 27, 2014 Because I agree that the evidence is sufficient to support the trial court s determination that De Los Santos is entitled to Lifetime Income Benefits, and that the trial court erred in ordering the Subsequent Injury Fund to pay Lifetime Income Benefits, I concur in the majority s analysis and holding. I respectfully disagree, however, with the majority s modification of the judgment. I would simply modify the judgment to delete the language requiring the Subsequent Injury Fund to pay Lifetime Income Benefits. Patricia O. Alvarez, Justice

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