Mealey's Toxic Tort/Environmental - Chamber: Asbestos Verdict Threatens Texas Workers' Compensation Exclusivity Rule

AUSTIN, Texas - An appellate court ruling threatens the workers' compensation exclusivity provision critical to the law's function by lowering the standard for filing a tort action from gross negligence requiring actual knowledge of a likely injury to simple negligence, the U.S. Chamber of Commerce told the Texas Supreme Court on May 25. In a response to a conditional petition by the appellees, the employer at the heart of the case told the court that the plaintiffs are following a recent trend in litigation by dressing up emotional damages as economic ones (The Goodyear Tire & Rubber Co. v. Vicki Lynn Rogers, et al., No. 18-0056, Texas Sup.).