Texas Supreme Court hears dispute over responsible-third-party rule in non‑subscriber workplace‑injury suit

The Supreme Court of Texas heard argument over whether Chapter 33 of the Civil Practice and Remedies Code's responsible-third-party designation applies in a lawsuit against a non‑subscribing employer and whether the relator produced enough expert evidence to support naming emergency‑medical personnel as responsible third parties.

Mr. Walsh, counsel for the relator, told the court that the court of appeals was incorrect to allow Chapter 33 to apply because, he said, the plaintiffs claims are for damages rather than statutory workers' compensation benefits. "To be excluded under Chapter 33, the claim or the action must be for benefits under the workers' compensation laws," Walsh argued, and he told the justices the statutory definition of "benefits" is limited to "medical benefits, income benefits, death benefits, or burial benefits." Walsh said the non‑subscriber theory is a common‑law negligence claim seeking damages such as past and future lost earnings, medical expenses, pain and mental anguish, and disfigurement rather than the regimented benefits set out in the workers' compensation scheme.

Ms. Hobbs, counsel for the real party in interest, responded that the procedural record independently supports the trial court's…