W. Steel Co. v. Altenburg, 206 S.W.3d 121 (Tex. 2006). · Go Syfert
W. Steel Co. v. Altenburg, 206 S.W.3d 121 (Tex. 2006). Cases Citing This Book View Copy Cite
88 citation events (88 in the last 25 years) across 8 distinct courts.
Strongest positive: Union Pacific Railroad Company v. Mary Johnson (txctapp1, 2026-06-16)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Union Pacific Railroad Company v. Mary Johnson
txctapp1 · 2026 · quote attribution · 1 verbatim quote · confidence high
an appellate court normally accepts as true the facts stated in an appellate brief unless the opposing party contradicts them.
discussed Cited as authority (verbatim quote) Investment Retrievers, Inc., a California Corporation, Assignee of Wells Fargo Bank, N.A. v. Linda K. Fisher, Individually and D/B/A Fisher Properties
Tex. App. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
absent fundamental error, an appellate court should refrain from deciding cases on legal errors not assigned by the parties.
discussed Cited as authority (verbatim quote) Erik Christensen v. Coursetrends, Inc.
Tex. App. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
absent 3 fundamental error, an appellate court should refrain from deciding cases on legal errors not assigned by the parties.
discussed Cited as authority (verbatim quote) Charles Eugene McFadden v. Shannon Deedler
Tex. App. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
absent fundamental error, 4 an appellate court should refrain from deciding cases on legal errors not assigned by the parties.
discussed Cited as authority (verbatim quote) Gamal Abdel-Hafiz v. ABC, Inc., ABC News, Inc., ABC News Holding Company, Inc., Charles Gibson, Brian Ross, Robert Wright, and John Vincent
Tex. App. · 2007 · quote attribution · 1 verbatim quote · confidence high
an appellate court normally accepts as true the facts stated in an appellate brief unless the opposing party contradicts them.
discussed Cited as authority (verbatim quote) FOX Entertainment Group, Inc., FOX Broadcasting Company, FOX News, Inc., FOX News Network, Inc., FOX News Network, L.L.C., FOX News Holdings, Inc., and Bill O'Reilly v. Gamal Abdel-Hafiz
Tex. App. · 2007 · quote attribution · 1 verbatim quote · confidence high
an appellate court normally accepts as true the facts stated in an appellate brief unless the opposing party contradicts them.
cited Cited as authority (rule) Jesus Juarez A/K/A Ismael Juarez v. Texas Mutual Insurance Company
txctapp10 · 2026 · confidence medium
Steel Co. v. Altenburg, 206 S.W.3d 121, 123 (Tex. 2006) (per curiam).
cited Cited as authority (rule) Rodriguez v. Frez-N-Stor, Inc.
S.D. Tex. · 2025 · confidence medium
Western Steel Co. v. Altenburg, 206 S.W.3d 121, 123 (2006).
discussed Cited as authority (rule) Mountain View Health & Rehabilitation Center, Inc., Creative Solutions in Healthcare, Inc., and Lidia Moya v. Mary Horton Keele
Tex. App. · 2024 · confidence medium
Steel Co. v. Altenburg, 206 S.W.3d 121, 123 (Tex. 2006) (so stating for the purposes of the exclusive remedy provision of the worker’s compensation act).
cited Cited as authority (rule) Burroughs v. Affordable Care, LLC f/k/a Affordable Care, Inc.
E.D. Tex. · 2024 · confidence medium
Steel Co. v. Altenburg, 206 S.W.3d 121, 123 (Tex. 2006) (citing TEX.
discussed Cited as authority (rule) Jorge L. Hernandez v. King Aerospace
Tex. App. · 2022 · confidence medium
Steel Co. v. Altenburg, 206 S.W.3d 121, 123 (Tex. 2006) (per curiam) (“An employee may have more than one employer within the meaning of the TWCA and each employer may raise the exclusive remedy provision as a bar to the employee’s claims.”). 10 Thus, Stevenson could be both the employee of Waste Management and the employee leasing agency.
cited Cited as authority (rule) Vargas v. CML Security, LLC
W.D. Tex. · 2022 · confidence medium
Steel Co. v. Altenburg, 206 S.W.3d 121, 123 (Tex. 2006).
cited Cited as authority (rule) Bertoldo Balderas, as Next Friend of Rigoverto Balderas v. Zurich American Insurance Company
Tex. App. · 2022 · confidence medium
Steel Co. v. Altenburg, 206 S.W.3d 121, 123 (Tex. 2006) (per curiam).
cited Cited as authority (rule) Wells Fargo Bank, N.A. v. Jose S. Rodriguez
Tex. App. · 2022 · confidence medium
Steel Co. v. Altenburg, 206 S.W.3d 121, 124 (Tex. 2006).
cited Cited as authority (rule) Sun Cho Yu v. Sun Joo Koo and Bong Koo
Tex. App. · 2021 · confidence medium
TEX.R.APP.P. 38.1(g); Western Steel Co. v. Altenburg, 206 S.W.3d 121, 124 (Tex. 2006); Roberts v. Roberts, 999 S.W.2d 424, 439 (Tex.App.—El Paso 1999, no pet.).
cited Cited as authority (rule) Waste Management of Texas, Inc. and Rigoberto Zelaya v. Robert Stevenson
Tex. · 2021 · confidence medium
Steel Co. v. Altenburg, 206 S.W.3d 121, 123 (Tex. 2006) (per curiam).
cited Cited as authority (rule) Jesse Robles v. Mount Franklin Foods, L.L.C. D/B/A Azar Nut Company
Tex. App. · 2019 · confidence medium
Western Steel Co. v. Altenburg, 206 S.W.3d 121, 123-24 (Tex. 2006); Garza, 161 S.W.3d at 477 .
discussed Cited as authority (rule) William Bradley Lentz, Beverly Lentz, Jason Lentz, M.D., and Rebecca Vanlandingham v. Mewbourne Oil Company and Mewbourne Holdings, Inc.
Tex. App. · 2018 · confidence medium
Steel Co. v. Altenburg, 206 S.W.3d 121, 123 (Tex. 2006)). 15 Only those companies that meet the statutory definition of “employer” receive this immunity.4 Injured workers remain free to sue any other “third party” that “becomes liable” for the workers’ injuries.
discussed Cited as authority (rule) Heather Martin and John Brown v. Leonora Brown
Tex. App. · 2016 · confidence medium
App. P. 38.1(g); Western Steel Co. v. Altenburg, 206 S.W.3d 121, 124 (Tex. 2006). 2 Although appellants state that the trial court made findings of fact and conclusions of law, the document they cite to was their proposed findings and conclusions, attached to their request for findings and conclusions, and the trial court clerk’s office has informed us that their records do not include any signed findings of fact and conclusions of law.
cited Cited as authority (rule) Texas Instruments, Inc. v. Alessandro Udell
Tex. App. · 2016 · confidence medium
Steel Co. v. Altenburg, 206 S.W.3d 121, 123 (Tex. 2006).
discussed Cited as authority (rule) Cristina Garza v. Investigation Technologies, Inc. D/B/A International Investigators
Tex. App. · 2016 · confidence medium
Steel Co. v. Altenburg, 206 S.W.3d 121, 124 (Tex. 2006) (explaining that courts should not search for legal errors that the parties have not raised and stating that “absent fundamental error, an appellate court should refrain from deciding cases on legal errors not assigned by the parties”); Vawter v. Garvey, 786 S.W.2d 263, 264 (Tex. 1990); City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 677 (Tex. 1979) (“[B]oth the reasons for the summary judgment and the objections to it must be in writing and before the trial judge at the hearing.”).
discussed Cited as authority (rule) Specialty Select Care Center of San Antonio, L.L.C. v. Owen
Tex. App. · 2016 · confidence medium
App. P. 38.1(g) (“In a civil case, the co.urt will accept as true the facts stated unless another party contradicts them.” (emphasis added)); Western Steel Co. v. Altenburg, 206 S.W.3d 121, 124 (Tex.2006) (per curiam) (“An appellate court normally accepts as true the facts stated in an appellate brief unless the opposing party contradicts them.”).
cited Cited as authority (rule) Theaola Robinson v. KTRK Television, Inc.
Tex. App. · 2015 · confidence medium
Altenberg, 206 S.W.3d 121, 124 (Tex. 2006); Fredonia State Bank 1·.
cited Cited as authority (rule) in Re iWORKS Personnel, Inc., Luis Trevino, and Haydee Gutierrez
Tex. App. · 2015 · confidence medium
Western Steel Co. v. Altenburg, 206 S.W.3d 121, 123 (Tex. 2006); see also Port Elevator-­‐Brownsville v. Casados, 358 S.W.3d 238 (Tex. 2012). 50.
discussed Cited as authority (rule) Pension Advisory Group, Inc. Paul D. Hinson v. Fidelity Security Life Insurance Co.
Tex. App. · 2015 · confidence medium
Western Steel Co. v. Altenburg, 206 S.W.3d 121, 124 (Tex. 2006). 30 actions chiefly serve to protect the personal reputation of an injured party, while a business disparagement claim protects economic interests.” Id.
cited Cited as authority (rule) McQuagge v. Heil Trailer International Co.
5th Cir. · 2015 · confidence medium
Steel Co. v. Altenburg, 206 S.W.3d 121, 123 (Tex.2006). .
discussed Cited as authority (rule) Juan Alfredo Martinez v. Arthur Beckwith and Benton Beckwith D/B/A B & B Farms
Tex. App. · 2013 · confidence medium
“The exclusive remedy provision is an affirmative defense that the defendant must plead and prove.” Warnke v. Nabors Drilling USA, L.P., 358 S.W.3d 338, 343 (Tex. App.— Houston [1st Dist.] 2011, no pet.); see also Exxon Corp. v. Perez, 842 S.W.2d 629, 630 (Tex. 1992) (“[U]nless an employee gives timely notice of his reservation of common- law claim, an employer who pleads and proves subscriber status is immune from liability for common-law negligence and the employee’s exclusive remedy is under the 11 [TWCA].”). “[I]n light of the TWCA’s definitions of employer and employee the…
cited Cited as authority (rule) Calvasina ex rel. Calvasina v. Wal-Mart Real Estate Business Trust
W.D. Tex. · 2012 · confidence medium
Western Steel Co. v. Altenburg, 206 S.W.3d 121, 123 (Tex.2006).
discussed Cited as authority (rule) Anzures v. Prologis Texas I LLC (2×) also: Cited "see"
W.D. Tex. · 2012 · confidence medium
Steel Co. v. Altenburg, 206 S.W.3d 121, 123 (Tex.2006) (stating employers who subscribe to workers’ compensation insurance are immune from negligence suits by their employees).
cited Cited as authority (rule) Juan Garcia v. Azz Incorporation
Tex. App. · 2012 · confidence medium
Steel Co. v. Altenburg , 206 S.W.3d 121, 123 (Tex. 2006).
cited Cited as authority (rule) Port Elevator-Brownsville, L.L.C. v. Casados
Tex. · 2012 · confidence medium
Western Steel Co. v. Altenburg, 206 S.W.3d 121, 123-24 (Tex.2006).
cited Cited as authority (rule) Charles Watkins v. Daniel J. Basurto
Tex. App. · 2011 · confidence medium
Steel Co. v. Altenburg , 206 S.W.3d 121, 124 (Tex. 2006) (citing Tex. R.
cited Cited as authority (rule) Curtis Davis, Individually and as Administrator of the Estate of Terrence Lamoyne Davis v. Able Body Labor
Tex. App. · 2011 · confidence medium
Steel Co. v. Altenburg , 206 S.W.3d 121, 123 (Tex. 2006).
discussed Cited as authority (rule) Port Elevator-Brownsville, L.L.C. v. Casados
Tex. App. · 2010 · confidence medium
See Wingfoot Enters, v. Alvarado, 111 S.W.3d 134 , 136 n. 9 (Tex.2003); Western Steel Co., Inc. v. Altenburg, 169 S.W.3d 347, 350 (Tex.App.-Corpus Christi 2005) rev'd on other grounds, 206 S.W.3d 121, 124 (Tex.2006).
discussed Cited as authority (rule) Port Elevator-Brownsville, L.L.C. v. Rogelio Casados and Rafaela Casados, Individually and as Representatives of the Estate of Their Son, Rafael Casados
Tex. App. · 2010 · confidence medium
See Wingfoot Enters. v. Alvarado , 111 S.W.3d 134 , 136 n.9 (Tex. 2003); Western Steel Co., Inc. v. Altenburg , 169 S.W.3d 347, 350 (Tex. App.-Corpus Christi 2005) rev'd on other grounds, 206 S.W.3d 121, 124 (Tex. 2006).
cited Cited as authority (rule) Mitch Burkhart and Christine Burkhart v. Sedgwick Claim Management Services, Inc. and Concentra Integrated Services, and rgv/nueces Rehabilitation D/B/A Innovative Physical and Occupational Therapy
Tex. App. · 2009 · confidence medium
Steel Co. v. Altenburg, 169 S.W.3d 347, 349 (Tex. App.–Corpus Christi 2006), rev’d on other grounds, 206 S.W.3d 121, 124 (Tex. 2006).
cited Cited as authority (rule) Mitch Burkhart and Christine Burkhart v. Sedgwick Claim Management Services, Inc. and Concentra Integrated Services, and rgv/nueces Rehabilitation D/B/A Innovative Physical and Occupational Therapy
Tex. App. · 2009 · confidence medium
Steel Co. v. Altenburg , 169 S.W.3d 347, 349 (Tex. App.-Corpus Christi 2006), rev'd on other grounds , 206 S.W.3d 121, 124 (Tex. 2006).
cited Cited as authority (rule) Dennis Verner v. Patterson-UTI Energy, Inc. Patterson-UTI Drilling Company And Patterson-UTI Drilling Company West LP, LLLP
Tex. App. · 2008 · confidence medium
Steel Co. v. Altenburg, 206 S.W.3d 121, 123-24 (Tex. 2006).
cited Cited as authority (rule) Western Steel Company, Inc. v. Hank Altenburg
Tex. App. · 2008 · confidence medium
Western Steel Co., Inc. v. Altenburg , 169 S.W.3d 347, 353 (Tex. App.-Corpus Christi 2005), rev'd and remanded , 206 S.W.3d 121, 124 (Tex. 2006).
cited Cited as authority (rule) Abdel-Hafiz v. ABC, INC.
Tex. App. · 2007 · confidence medium
Steel Co. v. Altenburg, 206 S.W.3d 121, 124 (Tex.2006) ("An appellate court normally accepts as true the facts stated in an appellate brief unless the opposing party contradicts them.”). 15 .
cited Cited as authority (rule) FOX Entertainment Group, Inc. v. Abdel-Hafiz
Tex. App. · 2007 · confidence medium
Steel Co. v. Altenburg, 206 S.W.3d 121, 124 (Tex.2006) ("An appellate court normally accepts as true the facts stated in an appellate brief unless the opposing party contradicts them.”). 7 .
examined Cited as authority (rule) Mosqueda v. G & H Diversified Mfg., Inc. (3×) also: Cited "see"
Tex. App. · 2007 · confidence medium
Western Steel Co. v. Altenburg, 206 S.W.3d 121, 123 (Tex.2006); accord Wingfoot Enters. v. Alvarado, 111 S.W.3d 134, 134-35 (Tex.2003); Brown v. Aztec Rig Eqip., Inc., 921 S.W.2d 835, 843-44 (Tex. App.-Houston [14th Dist.] 1996, writ denied).
discussed Cited "see" Eric John Ramirez v. Juanita Sanchez
Tex. App. · 2023 · signal: see · confidence high
See Western Steel v. Altenburg, 206 S.W.3d 121, 124 (Tex. 2006) (an appellate court should refrain from deciding cases on claimed legal error that is not preserved); Allright, Inc. v. Pearson, 735 S.W.2d 240 , 240 8 In any event, the record shows, and Ramirez concedes, that the trial court granted substantively similar injunctive relief to what he requested. 9 See, e.g., Morrill v. Cisek, 226 S.W.3d 545, 548 (Tex. App.—Houston [1st Dist.] 2006, no pet.); Tesoro Petroleum Corp. v. Nabors Drilling USA, Inc., 106 S.W.3d 118, 128 (Tex. App.—Houston [1st Dist.] 2002, pet. denied). 10 See also L…
discussed Cited "see" Eric John Ramirez v. Juanita Sanchez
Tex. App. · 2023 · signal: see · confidence high
See Western Steel v. Altenburg, 206 S.W.3d 121, 124 (Tex. 2006) (an appellate court should refrain from deciding cases on claimed legal error that is not preserved); Allright, Inc. v. Pearson, 735 S.W.2d 240 , 240 8 In any event, the record shows, and Ramirez concedes, that the trial court granted substantively similar injunctive relief to what he requested. 9 See, e.g., Morrill v. Cisek, 226 S.W.3d 545, 548 (Tex. App.—Houston [1st Dist.] 2006, no pet.); Tesoro Petroleum Corp. v. Nabors Drilling USA, Inc., 106 S.W.3d 118, 128 (Tex. App.—Houston [1st Dist.] 2002, pet. denied). 10 See also L…
discussed Cited "see" Mary Sue Sauceda v. Quality Motors D/B/A Quality Automotive
Tex. App. · 2021 · signal: see · confidence high
See Western Steel Co. v. Altenburg, 206 S.W.3d 121, 124 (Tex. 2006) (cautioning that, absent fundamental error, appellate courts should refrain from deciding cases on legal errors not assigned by the parties).
discussed Cited "see" Sarah Kennedy v. Wal-Mart Stores Texas, LLC
Tex. App. · 2020 · signal: see · confidence high
See Western Steel Co. v. Altenburg, 206 S.W.3d 121, 124 (Tex. 2006) (absent fundamental error, appellate court should refrain from deciding cases on legal error not assigned by parties).
discussed Cited "see" City of San Antonio ex rel. City Public Service Board v. Tommy Harral Construction, Inc.
Tex. App. · 2016 · signal: accord · confidence high
App. P. 38.1(g); accord Western Steel Co. v. Altenburg, 206 S.W.3d 121, 124 (Tex.2006) (per curiam) (“An appellate court normally accepts as true the facts stated in an appellate brief unless the opposing party contradicts them.”).
discussed Cited "see" Guardianship of C.E.M-K., a Minor
Tex. App. · 2011 · signal: see · confidence high
See Western Steel Co. v. Altenburg, 206 S.W.3d 121, 124 (Tex. 2006) (holding that absent rare fundamental error, appellate court should refrain from deciding cases on legal errors not assigned by parties); Allright, Inc. v. Pearson, 735 S.W.2d 240, 240 (Tex. 1987) (same). - 13 - 04-10-00385-CV App.—Houston [14th Dist.] 2007, pet. denied).
discussed Cited "see" Guardianship of C.E.M-K., a Minor
Tex. App. · 2011 · signal: see · confidence high
See Western Steel Co. v. Altenburg , 206 S.W.3d 121, 124 (Tex. 2006) (holding that absent rare fundamental error, appellate court should refrain from deciding cases on legal errors not assigned by parties); Allright, Inc. v. Pearson , 735 S.W.2d 240, 240 (Tex. 1987) (same). [4] A “Hobson’s choice” is one in which a person is required to accept one of two or more equally objectionable alternatives.
Retrieving the full opinion text from the archive…
WESTERN STEEL COMPANY, Petitioner,
v.
Hank ALTENBURG, Respondent
05-0630.
Texas Supreme Court.
Oct 27, 2006.
206 S.W.3d 121
2006 Tex. LEXIS 1072
2006 WL 3040599
Marc J. Wojeieehowski, Malcolm D. Dis-hongh, Wojeieehowski & Associates, P.C., Spring, TX, for Western Steel Company., William J. Tinning, Law Office of William J. Tinning, Portland, TX, for Hank Altenburg.
Per Curiam.
Cited by 65 opinions  |  Published
PER CURIAM.

The principal issue in this case concerns the sufficiency of the evidence to support the jury’s finding that a worker injured at a steel company was not the employee, or borrowed employee, of that company and[*122] thus was not subject to the company’s affirmative defense under the Texas Workers’ Compensation Act. In affirming the trial court’s judgment, a divided court of appeals did not reach the sufficiency issue, concluding instead that the steel company was not entitled to the affirmative defense because it failed to prove that it had workers’ compensation insurance. 169 S.W.3d 347, 353. We conclude that the existence of the steel company’s workers’ compensation policy was undisputed. Therefore, the judgment of the court of appeals is reversed and we remand the cause to that court for further proceedings consistent with our opinion.

Hank Altenburg was a temporary worker hired by Unique Employment Services and sent to work for Western Steel Company. While working for Western, Alten-burg was injured when a heated steel beam fell on his foot. He was thereafter paid benefits under Unique’s workers’ compensation policy.

Altenburg subsequently sued Western for his injuries. Western answered, asserting its own workers’ compensation policy as a bar to Altenburg’s action. Western also filed a motion for summary judgment, asserting that it was not liable under the exclusive remedy provision of the workers’ compensation statute because Altenburg was its borrowed employee. See Tex. Lab.Code § 408.001(a). Included among the summary judgment evidence attached to the motion was a copy of the information page from Western’s workers’ compensation policy indicating coverage when Altenburg was injured. The trial court, however, denied the motion for summary judgment, and the case proceeded to trial.

Altenburg subsequently indicated his intent to offer into evidence the workers’ compensation policies of both Unique and Western. Western’s attorney objected that the admission of its compensation policy was unnecessary because (1) Altenburg had previously conceded its existence, and (2) it was irrelevant for the jury’s decision. The trial court overruled Western’s objections and admitted plaintiffs exhibits 14A and 14B, which Altenburg’s attorney identified as Unique’s and Western’s workers’ compensation policies. Exhibit 14B, however, was not Western’s compensation policy but rather was Western’s commercial general liability policy. Apparently, neither the court nor the parties noticed the mistake.

At the conclusion of the evidence, several questions were submitted to the jury, including the following one inquiring whether Altenburg was Western’s borrowed employee:

On the occasion in question was Hank Altenburg acting as a borrowed employee of Western Steel Company, Inc.?
An “employee” is a person in the service of another with the understanding, express or implied, that such other person has the right to direct the details of the work and not merely the result to be accomplished.
An employee ceases to be an employee of his general employer if he becomes the “borrowed employee” of another. One who would otherwise be in the general employment of one employer is a borrowed employee of another employer if such other employer or his agents have the right to direct and control the details of the particular work inquired about.
Answer ‘Yes” or “No.”
Answer: NO.

The trial court rendered judgment against Western for damages relating to Alten-burg’s injury.

Western appealed, challenging the legal and factual sufficiency of the jury’s failure[*123] to find that Altenburg was Western’s borrowed employee. Rather than address these issues, the court of appeals examined exhibit 14B, Western’s general liability policy, and the testimony of Western’s president, concluding that Western was not entitled to assert the workers’ compensation bar as a defense because there was no evidence that it had workers’ compensation insurance. 169 S.W.3d at 352. In fact, the court noted that after carefully examining plaintiff’s exhibit 14B, it had discovered that Western’s commercial general liability (the policy mistakenly admitted instead of its applicable workers’ compensation policy) expressly excluded workers’ compensation. Id. at 351 & n. 18. One Justice dissented, arguing that the court should address the sufficiency issues raised in Western’s appeal. Id. at 353 (Castillo, J. dissenting).

After the court’s decision, Western filed its motion for rehearing and a motion to correct the record to substitute its workers’ compensation policy for the general liability policy mistakenly tendered as plaintiffs exhibit No. 14B. The court denied Western’s motion for rehearing without taking any apparent action on the motion to correct the record.

The Texas Workers’ Compensation Act (TWCA) states that the “[rjecovery of workers’ compensation benefits is the exclusive remedy of an employee covered by workers’ compensation insurance coverage ... against the employer ... for ... a work-related injury sustained by the employee.” Tex. Lab.Code § 408.001(a). An employee may have more than one employer within the meaning of the TWCA and each employer may raise the exclusive remedy provision as a bar to the employee’s claims. See Wingfoot Enters. v. Alvarado, 111 S.W.3d 134, 143, 148 (Tex.2003); see also Garza v. Exel Logistics, Inc., 161 S.W.3d 473, 476 (Tex.2005).

In Wingfoot and Garza, the injured worker was employed by a temporary employment agency (general employer) which agreed to provide another company (client company) with temporary workers. The injured worker sustained a work-related injury while working on the premises of the client company. Wingfoot, 111 S.W.3d at 135; Garza, 161 S.W.3d at 474. In Wingfoot, we held that the exclusive remedy provision applied to a general employer because the injured worker and the general employer fell within the respective definitions of “employee” and “employer” under the TWCA. 111 S.W.3d at 149. In Garza, we held that the injured worker was an employee of the client company within the meaning of the TWCA but remanded because there was no evidence that the client company had workers’ compensation insurance coverage. 161 S.W.3d at 477, 481. In so holding, we reasoned that in light of the TWCA’s definitions of employer and employee the plaintiffs claims are barred by the exclusive remedy provision if the client company establishes: (1) it was the plaintiffs employer within the meaning of the TWCA, and (2) it was covered by a workers’ compensation insurance policy. See Garza, 161 S.W.3d at 475-77. In determining whether the client company was the plaintiffs employer, we consider whether the plaintiff was the client company’s employee within the meaning of the TWCA. See id. at 476-77. In answering that question, “we consider traditional indicia, such as the exercise of actual control over the details of the work that gave rise to the injury.” Id. at 477.

In Garza, the undisputed evidence established that at the time the worker was injured, he was working on the client company’s premises, in the furtherance of the client company’s day-to-day business, and the details of the work that caused his injury were specifically directed by the[*124] client company. Id. Thus, the client company was the employer of the injured worker for the purposes of the exclusive remedy provision. Id.

Here, Western raised its workers’ compensation insurance as a defense and therefore bore the burden of proving that it was Altenburg’s employer and that it had coverage at the time of his injury. See id. at 475-77. The latter issue, however, was not disputed as Altenburg’s counsel agreed that Western had workers’ compensation insurance and even attempted to put that policy in evidence as plaintiffs exhibit 14B. Moreover, Western asserted, in its appellate brief, that it had workers’ compensation insurance at the time of Al-tenburg’s injury, and Altenburg did not dispute that fact. Despite this, the court of appeals put the matter in issue, affirming the trial court’s judgment without reaching the merits of the issues actually raised on appeal. We believe that the court of appeals erred in creating a fact issue where none existed.

An appellate court normally accepts as true the facts stated in an appellate brief unless the opposing party contradicts them. Tex.R.App. P. 38.1(f); accord Ingalls v. Standard Gypsum, L.L.C., 70 S.W.3d 252, 255, n. 2 (Tex.App.-San Antonio 2001, pet. denied) (appellate court accepting as true appellant’s uncontradicted statement of fact that employer carried workers’ compensation insurance at the time of employee’s accident). Although Altenburg stated in his brief that he was covered by, and received workers’ compensation benefits from his employer, Unique, he never disputed that Western was also a subscriber or that it had workers’ compensation insurance at the time of his injury. Creating issues of fact when the facts are not in dispute is akin to a court searching for errors that the parties have not raised. In the latter circumstance, we have cautioned that, absent fundamental error, an appellate court should refrain from deciding cases on legal errors not assigned by the parties. See Allright, Inc. v. Pearson, 735 S.W.2d 240, 240 (Tex.1987); Am. Gen. Fire and Cas. Co. v. Weinberg, 639 S.W.2d 688, 689 (Tex.1982).

We conclude that the court of appeals erred in not accepting the undisputed fact that Western had workers’ compensation insurance at the time of Altenburg’s injury and thereby not reaching the matter at issue on appeal — whether the evidence was sufficient to support the jury’s verdict. Accordingly, we reverse the court of appeals’ judgment and, without hearing oral argument, remand the cause to that court for further proceedings consistent with our opinion. Tex.R.App. P. 59.1.