Court Cases - Texas Worker

Vargas v. Rigid Global Buildings, LLC

The Fourteenth Court of Appeals (Houston) affirmed the lower court's confirmation of an arbitration award in Non-Subscriber-Defendant's favor. The Court reasoned that, although the Labor Code section 406.033 lists defenses not available to a non-subscribing employer under the Texas Workers’ Compensation Act, the statute does not invalidate time limits to file claims agreed to by the parties. Therefore, the arbitrator did not exceed their powers.

In re YRC Inc.

The Texas Supreme Court reversed the appellate court's decision denying a motion to designate employer as responsible third party. The Court reasoned, in part, that there is no applicable limitations period for a plaintiff to join a third-party employer as a defendant on a tort cause of action when the exclusive remedy—which is successfully pursued—is workers’ compensation.

Industrial Specialists, LLC v. Blanchard Refining Company, LLC

The Texas Supreme Court affirmed the appellate court's order denying permissive appeal in a suit by Contractor-Plaintiff against Sub-Contractor-Defendant seeking to enforce the indemnity provision of their contract.

Lee v. Grand Prairie Independent School District

The Fifth Court of Appeals (Dallas) found that the trial court's interlocutory venue order was not subject to interlocutory appeal.

Odar v. Felix Energy Holding II, LLC

The United States District Court, Western District of Texas adopted the magistrate's order which denied the Plaintiff-Employee's motion to remand to state court. The Court found that the Plaintiff-Employee improperly joined a Co-Defendant-Employer that maintained workers' compensation insurance in order to prevent complete diversity of the parties.

Stevenson v. Texas Mutual Insurance Company

The Fifth Court of Appeals (Dallas) reversed the trial court’s order regarding Carrier-Defendant's subrogation interest to calculate the proportionate share of expenses.

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