Court Cases - Texas Worker

August 11, 2022

Schneider Electric USA, Inc. v. Ramirez

The Eighth Court of Appeals (El Paso) reversed the lower court and rendered judgment that Chapter 451 (workers’ compensation anti-retaliation law) does not provide for a claim against a client company for a temporary worker who pursues workers’ compensation benefits through their staffing agency employer and who was not covered under workers’ compensation by the client company.

Zurich American Insurance Company v. TxEx Energy Investments, LLC

The U.S. District Court for the Southern District of Texas granted summary judgment for the Carrier-Plaintiff finding that the Employer-Defendant breached its contract because it had not paid the outstanding balance on final premiums due.

Hudspeth County, Texas v. Ramirez

The Eighth Court of Appeals (El Paso) reversed the trial court and ordered Beneficiary-Plaintiff’s causes of action for damages under the Texas Wrongful Death Act and for exemplary damages under the Worker’s Compensation Act were dismissed for want of jurisdiction based on governmental immunity.

In re Hellas Construction, Inc.

In re Hellas Construction, Inc. – July 28, 2022 – The Third Court of Appeals (Austin) granted Employer-Defendant’s conditional writ ordering the district court to abate the tort litigation until there is a final decision in the suit for judicial review of the DWC’s final order.

In re Great Plains Management Corporation

The Fourth Court of Appeals (San Antonio) reversed the judgment of the trial court and remanded the matter for the entry of an order denying Employer-Defendant’s application to transfer responsibility of future payments made pursuant to the Longshore and Harbor Workers’ Compensation Act. The Court reasoned that such action is prohibited by the Texas Structured Settlement Protection Act.

Childress v. Sunz Insurance Company

The Third Court of Appeals (Austin) dismissed Employee-Plaintiff's appeal of the trial court's order to transfer venue for want of jurisdiction.

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