A Texas injured employee's tort action against a non-subscribing employer arises out of common law--not from the Texas Workers' Compensation Act ("the Act")--held a federal district court sitting in the court's Western District. Accordingly...
In a civil action against a non-subscribing employer, a Texas appellate court affirmed a judgment awarding the injured employee almost $300,000 in past medical expenses, $150,000 in past pain and mental anguish, and $150,000 in past physical impairment. The employee...
Shining the Real Light on So-Called Texas Opt Outs By Thomas A. Robinson, co-author Larson’s Workers’ Compensation Law As Lex Larson and I point out in the opening article in Workers’ Compensation Emerging Issues Analysis , 2015 Edition, 2016...
By Stuart D. Colburn, Esq., and Albert Betts, Jr., Esq., Co-Authors, Texas Workers’ Compensation Law This year marks an anniversary that will not be celebrated with a parade or even a mention on the local news. But it is significant to those who are a part...
In a personal injury case involving a workers’ compensation nonsubscriber, a Texas appellate court affirmed, for the most part, a judgment favoring an employee who sustained injuries when he was struck by a bundle of large-gauge wire used to make springs...
Answering a certified question from the United States Court of Appeals for the Fifth Circuit, the Supreme Court of Texas held that, under Texas law, (1) subject to two limited exceptions not relevant to the case, an employer generally does not have a duty to warn...
Entering 2014, the Texas workers’ compensation system seemed to be a model of stability; something that would have been impossible to imagine only ten years ago. There was little controversy in the system and no major administrative rule changes were needed...
In a per curiam order, the Supreme Court of Texas held that a worker could not proceed directly against a non-subscribing employer’s general liability insurance carrier until it had been established, by judgment or agreement, that the employer had a legal obligation...
Like a number of other states, Ohio has a provision in its comp act [ORC Ann. § 4123.54(H)] precluding workers’ compensation coverage for an employee when: (1) the employee is a resident of another state; (2) the employee is insured in a state other than Ohio;...
Construing Texas law, a federal district court has held that an employee of a “non-subscribing employer” under the Texas Workers’ Compensation Act could maintain a negligence action against the employer following a slip and fall incident as the...
After continued implementation of the 2005 reforms to the Texas workers’ compensation system, and legislative review of the system in 2011, 2013 was a year in which system stakeholders and other interested parties were able to step back and evaluate the current...
By Stephen C. Embry, Esq. On April 17, 2013 an explosion at the West Chemical and Fertilizer Co., registering 2.1 on the Richter scale, leveled the plant and much of the surrounding town of West, Texas. The explosion was so powerful and destructive that it created...