Texas high court hears dispute over whether workers' comp agency must decide if an injury was in the course and scope of employment

WACO, Texas — The Supreme Court of Texas heard oral argument in UT Rio Grande Valley v. Oteca about whether the Division of Workers’ Compensation must decide, before a district court can resolve a negligence suit, whether an injury occurred in the course and scope of employment.

The issue could determine whether injured plaintiffs who sue tortfeasors may be forced first into the administrative workers’ compensation process. That route can bar common-law claims if the Division finds the injury compensable, and the question presented could affect procedural strategy and timing for both injured workers and employers.

At the argument, counsel for the petitioner said the Legislature intended the Division to have exclusive jurisdiction over entitlement to workers’ compensation benefits and related coverage questions. “The question before the Court today is whether an injured employee can circumvent the Texas Workers’ Compensation Act when she sues her subscribing employer in negligence while there is a…