Workers' Compensation

Recent Posts

Texas: Family of Deceased Worker Fails to Maintain Gross Negligence Action Against Employer
Posted on 17 Jul 2019 by Thomas A. Robinson

Construing the special exception to the Texas version of the exclusive remedy rule—that the survivors of an employee may maintain a wrongful death action against the employer if the employee's death was caused by an intentional act or omission... Read More

Texas: Worker’s Tort Action for Fall in Parking Lot Not Barred by Exclusive Remedy Defense
Posted on 16 Jun 2019 by Thomas A. Robinson

Under the Texas “access doctrine”—an exception to the going and coming rule—where the employer has evidenced an intention that the employee utilize a particular access route or area in going to and from work, and where that access... Read More

Texas: Traveling Employee’s Fatal Car Accident Was Not Within Course and Scope of Employment
Posted on 13 Nov 2015 by Larson's Spotlight

An employee who traveled from his home base in North Carolina to Dallas, Texas on a business trip did not sustain injuries arising out of and in the course of his employment when he was involved in an automobile accident as he made his way to meet his... Read More

Texas: Police Sergeant’s Widow May Not Recover Wrongful Death Benefits Against Police Department
Posted on 8 Apr 2016 by Larson's Spotlight

A widow’s civil action to recover damages from the Houston Police Department related to an incident in which her husband, a police sergeant, was killed in the line of duty by a man who was present in this country illegally, and who was subsequently... Read More

Federal: Carrier’s Subrogation Claim May Not Be Removed to Federal Court
Posted on 20 Jun 2014 by Larson's Spotlight

The Fifth Circuit Court of Appeals held the issue of whether a workers’ compensation insurance carrier was entitled to subrogation following a settlement between a third party and the insurance beneficiary employee arose under the Texas Workers’... Read More

Texas Performance Based Oversight (11/2/2011)
Posted on 2 Nov 2011 by Stuart D. Colburn

The Division is evaluating the current criteria Performance Based Oversight (PBO) committee meetings and seeking additional measures. The Division is also accepting input on the weights given to the various measures, a re-assessment opportunity, procedure... Read More