Workers Comp: Exclusive Remedy Against Supreme Court's Anti-Worker Jurisprudence May Be the Texas Legislature

KEEPING REFINERY BLASTS AND OTHER INDUSTRIAL MISHAPS AFFORDABLE

Texas Supreme Court re-issues Entergy opinion protecting industrial plant owners from lawsuits for negligence and keeping cost of injured and dead workers low.

Entergy Gulf States, Inc. v. Summers, (Tex. 2009)
No. 05-0272 (Tex. 2009)(Substitute opinion by Green) (premises owner as general contractor for workers compensation exclusive remedy purposes)

FROM THE ENCORE OPINION:

Rehearing was granted in this case and our previous opinion was withdrawn. We now substitute the following in its place. The judgment remains unchanged.
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In this workers’ compensation case, we decide whether a premises owner that contracts for the performance of work on its premises, and provides workers’ compensation insurance to the contractor’s employees pursuant to that contract, is entitled to the benefit of the exclusive remedy defense generally afforded only to employers by the Texas Workers’ Compensation Act. While the Act specifically confers statutory employer status on general contractors who qualify by providing workers’ compensation insurance for their subcontractors’ employees, it says nothing about whether premises owners who act as their own general contractor are also entitled to employer status, and thus the exclusive remedy defense. We hold that the exclusive remedy defense for qualifying general contractors is, likewise, available to premises owners who meet the Act’s definition of “general contractor,” and who also provide workers’ compensation insurance to lower-tier subcontractors’ employees. Because we conclude that Entergy Gulf States, Inc. meets the definition of “general contractor” under the Act, and because Entergy otherwise qualifies under the Act as having provided workers’ compensation insurance under its written agreement with International Maintenance Corporation (IMC), it is entitled to the exclusive remedy defense against the negligence claims brought by IMC’s employee, John Summers. We reverse the court of appeals’ judgment and render judgment for Entergy.

ENTERGY GULF STATES, INC. v. JOHN SUMMERS; from Jefferson County; 9th district (09-04-00152-CV, ___ SW3d ___, 12-30-04)
The Court reverses the court of appeals' judgment and renders judgment.
Justice Green delivered the opinion of the Court, in which Justice Wainwright and Justice Brister joined, and in Parts I, II, III, IV, V, VI, VIII and IX of which Justice Hecht joined, and in Parts I, II, III, IV, V, VI, VII, and IX of which Justice Johnson joined, and in Parts I, II, III, VI, VII, and IX of which Justice Willett joined.
Justice Hecht delivered a concurring opinion of the Court. Justice Willett delivered a concurring opinion. Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson and Justice Medina joined.

CONTEMPORANEOUSLY ISSUED:

Hcbeck, Ltd. v. Rice (Tex 2009)
No. 06-0418 (Tex. 2009)(Green) (worker's compensation, exclusive remedy defense, extent to which a general contractor must “provide” workers’ compensation insurance under the Act to qualify for statutory employer status and the resulting immunity from the work-related claims of a subcontractor’s employees)
HCBECK, LTD. v. CHARLES RICE; from Tarrant County; 2nd district (02-05-00239-CV, ___ SW3d ___, 04-06-06) The Court reverses the court of appeals' judgment and renders judgment.
Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Wainwright, and Justice Brister joined, and in Parts I, II, III, IV, V, and VII of which Justice Willett joined. Justice Johnson delivered a dissenting opinion, in which Justice Medina joined. (Justice O'Neill not sitting)