# Texas Department of Insurance, Workers' Compensation Division v. De Los Santos

> Texas Court of Appeals, 4th District (San Antonio) · August 27, 2014 · 446 S.W.3d 800

URL: https://www.frixlaw.com/law-library/cases/9803089

## Case

- **Full name:** TEXAS DEPARTMENT OF INSURANCE, WORKERS’ COMPENSATION DIVISION, Appellant v. Roel DE LOS SANTOS, Appellee
- **Court:** Texas Court of Appeals, 4th District (San Antonio)
- **Decided:** August 27, 2014
- **Citations:** 446 S.W.3d 800; 2014 Tex. App. LEXIS 9495; 2014 WL 4233264
- **Precedential status:** Published
- **Opinion:** Concurrence by Alvarez
- **Judges:** Barnard, Martinez, Alvarez
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9803089

## How later opinions describe it (automated extraction)

- holding that a trial court exceeded its authority in ordering the SIF to pay benefits to a claimant where the Act did not grant Texas courts any authority to make such an order
- rejecting argument that the ability to carry groceries or open doors undermined a finding that the hands lack substantial utility

## Opinion text

PATRICIA 0. ALVAREZ, Justice,
concurring.
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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9803089. Public record. Not legal advice.