Case: Individual Employment Rights/Workers’ Compensation (Tex. App., 14th Dist.)

A trial court erred in striking the affidavit of an injured employee of Lone Star Tan GP—in which she averred that she was told she would not be covered by workers’ compensation—and dismissing her negligence claims on grounds of the exclusive remedy provision of the Texas Workers’ Compensation Act, after she experienced a seizure while being verbally abused by the tanning salon manager, and fell and hit her head, a Texas court of appeal ruled. The defendants didn’t conclusively establish that her employer provided workers’ compensation insurance, the appeals court held, because Lone Star didn’t maintain a separate workers’ compensation ...