Northern Dist. Ct. - Texas
The United States District Court for the Northern District of Texas granted Defendant-Employer’s summary judgment in a non-subscriber case where the Plaintiff-Employee signed a post-injury waiver as part of Defendant-Employer’s Workplace Injury Settlement Program. The Court noted that Plaintiff-Employee failed to argue that the Waiver was invalid under the Texas Labor Code. Instead, the Plaintiff-Employee asserted that the Waiver did not preclude the claims asserted in the case because it: (1) was procured by fraud; and (2) was not supported by valid consideration. Specifically, Plaintiff-Employee argued 1) that she had been fraudulently induced to sign the Waiver; and 2) that there was no consideration because she had personal insurance that would have covered the injuries. The Court found that Plaintiff-Employee failed to offer evidence sufficient to sustain either argument.