The American Insurance Association (AIA) is urging the Supreme Court of Texas to overturn an appellate court’s decision that failed to recognize and preserve the exclusive remedy doctrine of the state workers’ compensation system. In Reynolds Metals Company and Arlon Boatman v. Kelly J. Welch and Allison Welch, the appellate court permitted the claimant to maintain a civil action, despite the failure to present any evidence that the claimant's injury resulted from subjective intent by the employer.

"Under the exclusive remedy rule in workers' compensation, an injured worker may maintain a civil action only when there is an intentional injury, meaning a subjective intent on the part of the employer to injure the worker. Otherwise, the no-fault workers’ compensation system must be the claimant’s exclusive remedy", said Ron Cobb, AIA vice president, southwest region.

According to Cobb, if the appeals court ruling is permitted to stand, Texas courts will be overwhelmed with a flood of similar cases. "Plaintiffs who allege exposure to asbestos at the workplace but who are not sick will be permitted to file lawsuits and clog access to courts and delay adjudication of the claims of truly injured people," said Cobb. "Additionally, the weakening of the exclusive remedy rule will permit other injured workers to bypass the no-fault workers’ compensation system in favor of court actions, causing dramatic cost increases and instability in the Texas workers’ compensation system."

"The Court should grant review of this case to properly enforce the ‘intentional injury’ exception to the exclusive remedy doctrine and clarify that workplace injury claims must remain within the workers’ compensation system unless there is proof of actual subjective intent on the part of the employer to cause the claimant’s injury," Cobb concluded.

Source:  American Insurance Association
http://216.168.33.183/aia/pdf/PA-11001984-136.pdf