statutory exclusive remedy defense (Texas) · Go Syfert
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statutory exclusive remedy defense in Texas

10 Texas opinions name it 2 courts 2010–2025 4 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
HCBeck, Ltd. v. Ricegreen
tex · 2009 · cited in 6 Texas opinions naming this issue, 2012–2025
2 sentences

2025Employers benefit because they are “entitled to assert the statutory exclusive remedy defense against [employee] tort claims . . . for job related injuries.” Ruttiger, 381 S.W.3d at 441 (quoting HCBeck, Ltd., 284 S.W.3d at 349 ); see also In re Poly-Am., L.P., 262 S.W.3d 337, 349 (Tex. 2008) (recognizing Act ensures compensation for injured employees while protecting employers from costs and uncertainty of litigation and potentially high damage awards).

2024Cos., Inc., No. 13-19-00211-CV, 2021 WL 1133608 , at *4 (Tex. App.—Corpus Christi–Edinburg Mar. 25, 2021, pet. denied) (mem. op.) (“[I]f an employer subscribes to workers’ compensation insurance benefits, and is then sued by a covered employee, the employer may ‘assert the statutory exclusive remedy defense against the tort claims of its employees for job related injuries’ and generally cannot be held liable in tort for those injuries.” (quoting HCBeck, Ltd. v. Rice, 284 S.W.3d 349, 350 (Tex. 2009))).

46
In Re Poly-America, L.P.green
tex · 2008 · cited in 2 Texas opinions naming this issue, 2012–2025
2 sentences

2025Employers benefit because they are “entitled to assert the statutory exclusive remedy defense against [employee] tort claims . . . for job related injuries.” Ruttiger, 381 S.W.3d at 441 (quoting HCBeck, Ltd., 284 S.W.3d at 349 ); see also In re Poly-Am., L.P., 262 S.W.3d 337, 349 (Tex. 2008) (recognizing Act ensures compensation for injured employees while protecting employers from costs and uncertainty of litigation and potentially high damage awards).

2012HCBeck, Ltd. v. Rice, 284 S.W.3d 349, 349 (Tex.2009); see In re Poly-Am., L.P., 262 S.W.3d 337, 349 (Tex.2008) (“In order to ensure compensation for injured employees while protecting employers from the costs of litigation, the Legislature provided a mechanism by which workers could recover from subscribing employers without regard to the workers’ own negligence, while limiting the employers’ exposure to uncertain, possibly high damage awards permitted under the common law.” (citations omitted)); see also Tex. Lab.Code § 408.001(a) (“Recovery of workers’ compensation benefits is the exclusive

22
Port Elevator-Brownsville, L.L.C. v. Casadosgreen
tex · 2012 · cited in 2 Texas opinions naming this issue, 2013–2013
2 sentences

2013Tex. Labor Code Ann. § 408.001 (b); Port Elevator-Brownsville, L.L.C. v. Casados, 358 S.W.3d 238, 241 (Tex.2012). .

2013Tex. Labor Code Ann. § 408.001 (b); Port Elevator-Brownsville, L.L.C. v. Casados, 358 S.W.3d 238, 241 (Tex. 2012). 8 Summary Judgment Standards We review a trial court’s summary judgment rulings de novo.

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
State v. Shumake green
tex · 2006
2 sentences

2010Id. (construing in summary judgment context the statutory exclusive remedy defense set forth in the labor code); see also Tex. Gov’t Code Ann. § 311.002(1) (Vernon 2005) (stating that the Code Construction Act applies to . . . “each code enacted by the 60th or a subsequent legislature as part of the state’s continuing statutory revision program”); Act of April 30, 1993, 73rd Leg., R.S., ch. 268, § 1, 1993 Tex. Gen.

2010Id. (construing in summary judgment context the statutory exclusive remedy defense set forth in the labor code); see also Tex. Gov’t Code Ann. § 311.002(1) (Vernon 2005) (stating that the Code Construction Act applies to . . . “each code enacted by the 60th or a subsequent legislature as part of the state’s continuing statutory revision program”); Act of April 30, 1993, 73rd Leg., R.S., ch. 268, § 1, 1993 Tex. Gen.

22010–2010
Texas Mutual Insurance Co. v. Ruttiger green
tex · 2012
1 sentence

2025Employers benefit because they are “entitled to assert the statutory exclusive remedy defense against [employee] tort claims . . . for job related injuries.” Ruttiger, 381 S.W.3d at 441 (quoting HCBeck, Ltd., 284 S.W.3d at 349 ); see also In re Poly-Am., L.P., 262 S.W.3d 337, 349 (Tex. 2008) (recognizing Act ensures compensation for injured employees while protecting employers from costs and uncertainty of litigation and potentially high damage awards).

12025–2025
Wausau Underwriters Ins. Co. v. Wedel green
· 2018
1 sentence

2024“But an employee may still seek damages from a liable third party in addition to receiving workers’-compensation benefits.” Wedel, 557 S.W.3d at 556 .

12024–2024

Statutes the citing opinions construe

TX § Tex. Lab. Code § 408.001 (6) TX § Tex. Lab. Code § 401.011 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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