Court of Appeals of Texas, Amarillo.
Dora HERNANDEZ, Appellant,
v.
IBP, INC., Appellee.
No. 07-96-0385-CV.
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Jan. 23, 1998.
Before BOYD, C.J., and DODSON and QUINN, JJ.
OPINION
QUINN, Justice.
*1 Dora Hernandez (Hernandez) appeals a final summary judgment entered in favor of her ex-employer, IBP, Inc. Her two points of error involve the validity of the written release she signed (after incurring the alleged injuries) in exchange for receiving benefits for a job related injury under a voluntary program sponsored by IBP. The latter was not a subscriber under the Texas Workers’ Compensation Act. According to Ms. Hernandez, the release not only violated section 406.035 of the Texas Labor Code but also public policy. Thus, it was void, she concluded. These same arguments were presented to and expressly rejected by the trial court via the summary judgment. We too reject them for the reasons stated in our opinion issued on January 22, 1998, in cause number 07-97-0110-CV, styled Ramona Martinez v. IBP, Inc., d/b/a IBP, Inc. of Nebraska.1 A copy of the latter opinion is attached and incorporated herein for all purposes.
Accordingly, we issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure 47.1, overrule Ms. Hernandez’s two points of error, and affirm the summary judgment.
Footnotes |
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1 |
Other than for the nature of the injury and the manner in which it was purportedly incurred, there are no material distinctions between the facts and circumstances at bar and those in Martinez v. IBP, Inc. |
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