Not a Lexis+ subscriber? Try it out for free.
LexisNexis® CLE On-Demand features premium content from partners like American Law Institute Continuing Legal Education and Pozner & Dodd. Choose from a broad listing of topics suited for law firms, corporate legal departments, and government entities. Individual courses and subscriptions available.
A Texas appellate court affirmed a trial court's decision granting summary judgment to an employer in a tort suit filed against it by a plaintiff-employee who alleged a co-employee brought a dog to work and the dog bit the plaintiff during the workday. The plaintiff contended her civil action was not barred by the exclusivity defense since she contended the co-employee's action of bring the dog to work was not within the course and scope of the co-employee's employment. The appellate court noted that the employer's "business" was to provide a home and counseling to pregnant women who planned to give up their babies for adoption, that a number of residents had asked the co-employee to bring the dog to the employer's residential facility in order that it might function as a "comfort" animal, and that the plaintiff had sought and received workers' compensation benefits following the bite.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See Robinson v. Cox, 2020 Tex. App. LEXIS 9441 (Dec. 3, 2020)
See generally Larson’s Workers’ Compensation Law, § 111.03.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see
Sign up for the free LexisNexis Workers’ Compensation enewsletter at www.lexisnexis.com/wcnews.