A Troublesome Twist In Texas Workers' Comp Decision

Law360, New York (February 17, 2012, 1:34 PM EST) -- A recent opinion of the Supreme Court of Texas raises important considerations for the management of workers' compensation risk in connection with jointly employed workers.

The basic bargain of workers' compensation schemes is that an injured worker loses his right to sue his employer in exchange for the virtual certainty of recovering benefits rationally related to his injuries, without going through the expense, risk and delay of litigation.

The employer loses the opportunity to defeat injury claims in court and becomes obligated to pay the scheduled...
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