in the Matter of Raul G. Sanchez, Twilah Sanchez v. State Office of Risk Management, a Self-Insured Governmental Entity
This is an appeal from a no-evidence summary judgment granted in favor of the State Office of Risk Management (SORM). Twilah Sanchez sought workers' compensation benefits after her husband, Raul Sanchez, died following a work-related single-car accident. SORM denied the claim, asserting Raul was intoxicated at the time of the accident based on blood alcohol tests taken hours after the incident. Sanchez presented expert testimony challenging the reliability of retrograde extrapolation, but her expert could not definitively state that Raul was not intoxicated. The appellate court affirmed the summary judgment, ruling that Sanchez failed to present sufficient evidence to raise a genuine issue of material fact that her husband's blood alcohol content was less than 0.08 at the time of the accident.