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