Port Elevator-Brownsville, L.L.C. v. Casados
2012 Tex. LEXIS 115
Tex.2012Background
- Casados suffered a fatal work injury while employed by Staff Force and Port Elevator; both carried workers’ compensation insurance.
- Casados was provided to Port Elevator by Staff Force as a temporary worker.
- Port Elevator was a workers’ compensation subscriber; its insurer was Texas Mutual.
- Casados’s parents sued Port Elevator for negligence, negligence per se, and gross negligence.
- TWCA exclusive remedy bars such suits if the injured employee was covered and the injury is work-related, absent exceptions.
- Court held no statutory or common-law exception applied, so Port Elevator’s exclusive remedy defense barred suit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the parents’ negligence suit barred by exclusive remedy? | Casados’s coverage under Port Elevator’s policy is unclear; Texas Mutual denied coverage. | Port Elevator was a W.C. subscriber; Casados was its employee; exclusive remedy bars suit. | Yes; exclusive remedy applies; suit barred. |
| Can an employer split its workforce to exclude some employees from coverage? | Casados should be excluded due to temporary status; coverage not clearly extended. | Rule against splitting; no applicable exceptions here. | No; no applicable exception; Port Elevator not allowed to split. |
Key Cases Cited
- Wingfoot Enters. v. Alvarado, 111 S.W.3d 134 (Tex. 2003) (exclusive remedy applies in dual-employer contexts; employee not to bear burden of determining employer)
- Garza v. Exel Logistics, Inc., 161 S.W.3d 473 (Tex. 2005) (client company may invoke exclusive remedy against temporary employee)
- Western Steel Co. v. Altenburg, 206 S.W.3d 121 (Tex. 2006) ( client employer's exclusive-remedy bar when insured)
- Md. Cas. Co. v. Sullivan, 334 S.W.2d 783 (Tex. 1960) (statutory scheme and coverage principles)
- Pac. Indem. Co. v. Jones, 327 S.W.2d 441 (Tex. 1959) (coverage and exclusive remedy framework)
- Barron v. Standard Accident Ins. Co., 53 S.W.2d 769 (Tex. 1932) (early authority on workers’ compensation scope)
- Buice v. Serv. Mut. Ins. Co., 90 S.W.2d 342 (Tex.Civ.App.-Waco 1936) (historical context on compensation coverage)