Tag: Texas

Jun 7, 2019

Texas Employee’s Tort Action for Fall in Parking Lot Injury May Move Forward

Employer Fails to Show Injury “Fell” Within “Access Doctrine” Exception to Going and Coming Rule A Texas appellate court recently held that an employer—the City of Corpus Christi—failed to show...

Texas Employee’s Tort Action for Fall in Parking Lot Injury May Move Forward Texas Employee’s Tort Action for Fall in Parking Lot Injury May Move Forward
Jun 13, 2018

Texas Insurer Barred from Going After Third-Party Settlement Proceeds

Where a worker’s compensation insurance policy contained a clause in which the carrier waived its right to recover from any third party sued by the injured employee, that clause also...

Texas Insurer Barred from Going After Third-Party Settlement Proceeds Texas Insurer Barred from Going After Third-Party Settlement Proceeds
Nov 2, 2017

Texas Electrician Was Not Traveling Employee In Spite of Weekly Stipend

Death Benefits Claim Barred by Going and Coming Rule In spite of (1) an employer’s designation of an employee as a “field electrician”; (2) the employer’s payment of a $75...

Texas Electrician Was Not Traveling Employee In Spite of Weekly Stipend Texas Electrician Was Not Traveling Employee In Spite of Weekly Stipend
Aug 10, 2017

Bob Wilson May Have a “Cluttered Desk;” His Prediction of Opt Out Reprise is Spot On!

What if Employers Are Willing to Give Up Exclusive Remedy Defense? In his typically lucid and engaging style, Bob Wilson mused in his post this morning that the employer opt...

Bob Wilson May Have a “Cluttered Desk;” His Prediction of Opt Out Reprise is Spot On! Bob Wilson May Have a “Cluttered Desk;” His Prediction of Opt Out Reprise is Spot On!
Apr 4, 2016

Leahy Bill in U.S. Senate Could Kill Key Provision in Texas Nonsubscriber ERISA Plans

A bill [S. 2506] introduced on February 4, 2016, by Senator Patrick Leahy (D-VT), would, if passed into law, appear to invalidate a core provision found in most Texas workers’...

Leahy Bill in U.S. Senate Could Kill Key Provision in Texas Nonsubscriber ERISA Plans Leahy Bill in U.S. Senate Could Kill Key Provision in Texas Nonsubscriber ERISA Plans
Mar 20, 2015

Sunny Greetings from Isle of Palms, SC

Earlier today I had the pleasure of speaking at a “Spring Seminar” sponsored by Injured Workers’ Advocates, a group of South Carolina claimants’ attorneys who have gathered at the Isle...

Sunny Greetings from Isle of Palms, SC Sunny Greetings from Isle of Palms, SC
Jan 12, 2015

For Now, Exclusivity Does Not Bar Workers’ Tort Cases Against BP Products Following 2011 Chemical Release at Refinery

A Federal District Court in Texas has refused to grant a motion for summary judgment filed by Defendant BP Products North America, Inc. (“BP Products”) in a civil action arising...

For Now, Exclusivity Does Not Bar Workers’ Tort Cases Against BP Products Following 2011 Chemical Release at Refinery For Now, Exclusivity Does Not Bar Workers’ Tort Cases Against BP Products Following 2011 Chemical Release at Refinery
Aug 27, 2013

Texas: No Arbitration Where Employer Could Not Show Employee Had Notice of Arbitration Agreement

Notice of the Texas non-subscribing employer’s occupational injury benefit plan was insufficient by itself to show that an employee had notice of an arbitration agreement referred to therein since the...

Texas: No Arbitration Where Employer Could Not Show Employee Had Notice of Arbitration Agreement Texas: No Arbitration Where Employer Could Not Show Employee Had Notice of Arbitration Agreement
Sep 1, 2012

Texas: Fired Employee May Not Maintain Retaliatory Discharge Action Against Non-Subscribing Employer

A Texas appellate court recently affirmed a decision by a state district court that had granted summary judgment in favor of a nursing center in a retaliatory discharge lawsuit filed...

Texas: Fired Employee May Not Maintain Retaliatory Discharge Action Against Non-Subscribing Employer Texas: Fired Employee May Not Maintain Retaliatory Discharge Action Against Non-Subscribing Employer
Jul 12, 2012

Texas: Communication by Comp Carrier’s Counsel to Insured Employer Not Protected by Attorney—Client Privilege

With one justice dissenting, the Supreme Court of Texas recently held that in a bad faith action brought by an injured employee against a workers’ compensation insurer, the attorney—client privilege...

Texas: Communication by Comp Carrier’s Counsel to Insured Employer Not Protected by Attorney—Client Privilege Texas: Communication by Comp Carrier’s Counsel to Insured Employer Not Protected by Attorney—Client Privilege