personal comfort doctrine (Texas) · Go Syfert
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personal comfort doctrine in Texas

6 Texas opinions name it 1 courts 1978–2025 1 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 (6)

CaseFollowedCited
Yeldell v. Holiday Hills Retirement and Nursing Center, Inc.green
tex · 1985 · cited in 4 Texas opinions naming this issue, 1992–2012
2 sentences

2012Co., 339 S.W.3d at 731-32 .3 2 Courts have applied the personal comfort doctrine in determining that compensable injuries occurred when the employee was injured while making a personal call during working hours while on duty at her nursing station, see Yeldell, 701 S.W.2d at 245 ; eating in an employer-provided trailer located on a drilling site, see Prasek 569 S.W.2d at 548 ; and preparing to take a shower at home after being doused with paint and gasoline at the worksite, see Lujan, 756 S.W.2d at 298-99 . 3 Texas Mutual characterizes the continuous coverage doctrine in its brief as a “specia

2012Courts have applied the personal comfort doctrine in determining that compensable injuries occurred when the employee was injured while making a personal call during working hours while on duty at her nursing station, see Yeldell, 701 S.W.2d at 245 ; eating in an employer-provided trailer located on a drilling site, see Prasek 569 S.W.2d at 548 ; and preparing to take a shower at home after being doused with paint and gasoline at the worksite, see Lujan, 756 S.W.2d at 298-99 . 3 .

14
Employers' Casualty Co. v. Bratchergreen
texapp · 1992 · cited in 3 Texas opinions naming this issue, 2012–2025
2 sentences

2025See Bratcher, 823 S.W.2d at 721 .

2025See Bratcher, 823 S.W.2d at 721 .

13
Mitchell v. Ellisgreen
texapp · 1963 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025See Mitchell v. Ellis, 374 S.W.2d 333 , 335–36 (Tex. App.—Fort Worth 1963, writ ref’d); Hudiburgh v. Palvic, 274 S.W.2d 94, 98 , 100–01 (Tex. App.—Beaumont 1955, writ ref’d n.r.e.); see also Am.

11
Holditch v. Standard Acc. Ins. Cogreen
ca5 · 1953 · cited in 1 Texas opinions naming this issue, 2012–2012
1 sentence

2012Ass’n, 129 Tex. 573 , 105 S.W.2d 192 (1937) (Employee was not in the course and scope of employment when he was killed in a car accident while driving personal vehicle back to his job at funeral home to continue working after dinner break at home.); see also Holditch, 208 F.2d at 722 (Employee was not in the course and scope of employment when she was injured by slip and fall during lunch hour while leaving 12 grocery store, which was adjacent to her workplace, to return to work.); Berry, 907 S.W.2d at 5 (Employee was in the course and scope of employment when he was injured in collision while

11
Berry v. Gregg Industrial Services, Inc.green
texapp · 1994 · cited in 1 Texas opinions naming this issue, 2012–2012
1 sentence

2012Ass’n, 129 Tex. 573 , 105 S.W.2d 192 (1937) (Employee was not in the course and scope of employment when he was killed in a car accident while driving personal vehicle back to his job at funeral home to continue working after dinner break at home.); see also Holditch, 208 F.2d at 722 (Employee was not in the course and scope of employment when she was injured by slip and fall during lunch hour while leaving 12 grocery store, which was adjacent to her workplace, to return to work.); Berry, 907 S.W.2d at 5 (Employee was in the course and scope of employment when he was injured in collision while

11
Travelers Insurance Company v. McAllistergreen
texapp · 1961 · cited in 1 Texas opinions naming this issue, 1978–1978
1 sentence

1978See Travelers Insurance Company v. McAllister, 345 S.W.2d 355 (Tex.Civ.App.—Amarillo 1961, writ ref’d n. r. e.); Texas Employers Ins.

11

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 (7)

CaseCitedYears
Texas Employers' Insurance Ass'n v. Prasek green
texapp · 1978
2 sentences

2012Co., 339 S.W.3d at 731-32 .3 2 Courts have applied the personal comfort doctrine in determining that compensable injuries occurred when the employee was injured while making a personal call during working hours while on duty at her nursing station, see Yeldell, 701 S.W.2d at 245 ; eating in an employer-provided trailer located on a drilling site, see Prasek 569 S.W.2d at 548 ; and preparing to take a shower at home after being doused with paint and gasoline at the worksite, see Lujan, 756 S.W.2d at 298-99 . 3 Texas Mutual characterizes the continuous coverage doctrine in its brief as a “specia

2012Courts have applied the personal comfort doctrine in determining that compensable injuries occurred when the employee was injured while making a personal call during working hours while on duty at her nursing station, see Yeldell, 701 S.W.2d at 245 ; eating in an employer-provided trailer located on a drilling site, see Prasek 569 S.W.2d at 548 ; and preparing to take a shower at home after being doused with paint and gasoline at the worksite, see Lujan, 756 S.W.2d at 298-99 . 3 .

32009–2012
Lujan v. Houston General Insurance Co. green
tex · 1988
2 sentences

2012Co., 339 S.W.3d at 731-32 .3 2 Courts have applied the personal comfort doctrine in determining that compensable injuries occurred when the employee was injured while making a personal call during working hours while on duty at her nursing station, see Yeldell, 701 S.W.2d at 245 ; eating in an employer-provided trailer located on a drilling site, see Prasek 569 S.W.2d at 548 ; and preparing to take a shower at home after being doused with paint and gasoline at the worksite, see Lujan, 756 S.W.2d at 298-99 . 3 Texas Mutual characterizes the continuous coverage doctrine in its brief as a “specia

2012Courts have applied the personal comfort doctrine in determining that compensable injuries occurred when the employee was injured while making a personal call during working hours while on duty at her nursing station, see Yeldell, 701 S.W.2d at 245 ; eating in an employer-provided trailer located on a drilling site, see Prasek 569 S.W.2d at 548 ; and preparing to take a shower at home after being doused with paint and gasoline at the worksite, see Lujan, 756 S.W.2d at 298-99 . 3 .

22012–2012
Hudiburgh v. Palvic green
texapp · 1954
1 sentence

2025See Mitchell v. Ellis, 374 S.W.2d 333 , 335–36 (Tex. App.—Fort Worth 1963, writ ref’d); Hudiburgh v. Palvic, 274 S.W.2d 94, 98 , 100–01 (Tex. App.—Beaumont 1955, writ ref’d n.r.e.); see also Am.

12025–2025
Zurich American Insurance Co. v. McVey green
texapp · 2011
1 sentence

2012Co., 339 S.W.3d at 731-32 .3 2 Courts have applied the personal comfort doctrine in determining that compensable injuries occurred when the employee was injured while making a personal call during working hours while on duty at her nursing station, see Yeldell, 701 S.W.2d at 245 ; eating in an employer-provided trailer located on a drilling site, see Prasek 569 S.W.2d at 548 ; and preparing to take a shower at home after being doused with paint and gasoline at the worksite, see Lujan, 756 S.W.2d at 298-99 . 3 Texas Mutual characterizes the continuous coverage doctrine in its brief as a “specia

12012–2012
Evans v. Illinois Employers Insurance of Wausau green
tex · 1990
1 sentence

2012See Leordeanu, 330 S.W.3d at 245 ; Evans, 790 S.W.2d at 304-05 .

12012–2012
Smith v. Texas Employers' Insurance green
tex · 1937
2 sentences

2012Ass’n, 129 Tex. 573 , 105 S.W.2d 192 (1937) (Employee was not in the course and scope of employment when he was killed in a car accident while driving personal vehicle back to his job at funeral home to continue working after dinner break at home.); see also Holditch, 208 F.2d at 722 (Employee was not in the course and scope of employment when she was injured by slip and fall during lunch hour while leaving 12 grocery store, which was adjacent to her workplace, to return to work.); Berry, 907 S.W.2d at 5 (Employee was in the course and scope of employment when he was injured in collision while

2012Ass’n, 129 Tex. 573 , 105 S.W.2d 192 (1937) (Employee was not in the course and scope of employment when he was killed in a car accident while driving personal vehicle back to his job at funeral home to continue working after dinner break at home.); see also Holditch, 208 F.2d at 722 (Employee was not in the course and scope of employment when she was injured by slip and fall during lunch hour while leaving 12 grocery store, which was adjacent to her workplace, to return to work.); Berry, 907 S.W.2d at 5 (Employee was in the course and scope of employment when he was injured in collision while

12012–2012
Kelty v. Travelers Insurance Company green
texapp · 1965
1 sentence

1978This has been referred to as the “personal comfort doctrine.” Appellee asserts, in support of the trial court’s refusal of such instruction, that the evidence did not raise the personal comfort doctrine, and, if appellant was entitled to any instruction, it was the one on the “access doctrine.” That doctrine was discussed in Kelty v. Travelers Insurance Company, 391 S.W.2d 558 (Tex.Civ.App.—Dallas 1965, writ ref’d n. r. e.).

11978–1978

Statutes the citing opinions construe

TX § Tex. Lab. Code § 401.011 (3)

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.

Where else courts name it

SC 10 (1996–2015) AR 10 (1998–2004) FL 10 (1986–2019) VA 9 (1990–2020) TX 6 (1978–2025) WI 6 (1978–2019) NM 5 (1962–1994) PA 5 (2009–2022) MO 5 (1968–2015) CA 4 (1970–2026) IL 4 (2000–2019) WA 3 (2008–2024) NC 3 (1983–1998) OR 3 (2015–2022) AZ 3 (1990–2021) OK 3 (2008–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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