COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR RECONSIDERATION EN BANC Appellate case name: Jason Jenkins v. Occidental Chemical Corporation Appellate case number: 01-09-01140-CV Trial court case number: 0773468 Trial court: 295th District Court of Harris County Date motion filed: 08.15.13 Party filing motion: Appellee Occidental Chemical Corporation It is ordered that the motion for en banc reconsideration is DENIED GRANTED.

Judge’s signature: /s/ Harvey Brown Acting Individually Acting for the Court Panel consists of: Chief Justice Radack and Justices Jennings, Keyes, Higley, Bland, Sharp, Massengale, Brown and Huddle.

Justice Keyes dissenting from denial of en banc reconsideration, without opinion.

Date: October 22, 2013