/cdklawyers.com// 02/10/2012
The Texas Supreme Court recently ruled on a workers’ compensation coverage issue. Port Elevator-Brownsville, L.L.C. v. Casados, No. 10-0523 (Tex. Jan. 27, 2012), available at http://www.supreme.courts.state.tx.us/historical/2012/jan/100523.pdf. The plaintiffs’ son suffered a fatal work-related injury while working as a temporary worker for Port Elevator. The plaintiffs did not seek workers’ compensation benefits from Port Elevator’s insurer, and, instead, sued Port Elevator for negligence. The plaintiffs obtained a jury award of $2.5 million. The appellate court affirmed this award. Port Elevator appealed, arguing that the Texas workers’ compensation scheme provided the exclusive remedy for the plaintiffs.
