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Court weighs whether on-the-job tort claims by non-subscriber employees are subject to responsible-third-party rules
Summary
The Supreme Court considered whether claims against a non-subscribing employer are governed by the responsible-third-party procedures in chapter 33 of the Texas Civil Practice & Remedies Code, and whether a trial court properly struck RTP designations for lack of expert evidence.
The Supreme Court of Texas heard argument in 231039, INRee, East Texas Medical Center, a case arising from a patient injury and the parties disputes over the interplay of the workers compensation regime, non-subscriber liability, and the responsible-third-party (chapter 33) designation procedure. Relators argued chapter 33s procedural protections and allocation mechanics should not apply to common-law negligence suits against non-subscribing employers; the real party in interest and the trial court answered that the designation at issue was properly…
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