Supreme Court of Texas

Plaintiff-employee's common law claims for injuries, suffered during his employment, are not barred by the exclusive remedy provision of the Workers' Compensation Act where defendant did not establish that it is "covered by workers' compensation insurance coverage," which is necessary to come within the exclusive remedy provision.

Appellate Information

• Argued 02/18/2004
• Decided 04/08/2005
• Published 04/08/2005

Judges

• Justice OWEN delivered the opinion of the Court.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• Loren George Klitsas, Klitsas & Vercher, P.C., Lauren L. Beck-Harris and Eileen K. Wilson, Johnson, Spalding, Doyle, West & Trent, L.L.P., Houston, for Petitioner., E. Thomas Bishop and Alexander N. Beard, Bishop & Hummert, P.C., Dallas, for Amicus Curiae Utica National Insurance Group., Neal Kieval, Phillips & Akers, P.C., Houston, for Amicus Curiae The Kroger Company.


• For Appellees:
  
• Robert D. Allen, Baker & McKenzie, LLP, Linda Marie Dedman, Dedman & Handschuch, Dallas, for Respondents.