NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.
Select a state from the dropdown menu below to scroll through the state specific archives for updates and opinions on various workers’ compensation laws in your state.
Contact information for NWCDN members is also located on the state specific links in the event you have additional questions or your company is seeking a workers’ compensation lawyer in your state.
The widow and son of a deceased employee receiving workers’ compensation death benefits from
Texas Mutual recovered a settlement from a third-party. Texas Mutual asserted its statutory
subrogation rights and suspended benefits based on its future credit. The widow and son brought
bad faith claims against Texas Mutual. Texas Mutual filed a motion to dismiss on the grounds that
the plaintiffs’ claims fall within the exclusive jurisdiction of the Division of Workers’
Compensation. The trial court denied Texas Mutual’s motion to dismiss. Texas Mutual filed a
petition for writ of mandamus against the trial court judge which the El Paso Court of Appeals
conditionally granted. Citing the Texas Supreme Court cases of Ruttiger, Morris, and most recently,
In re Crawford, the court of appeals stated that the Division has exclusive jurisdiction over any
cause of action or claim which arises from the investigation, handling, or settlement of a workers’
compensation claim. The court noted that in deciding whether a cause of action falls within the
exclusive jurisdiction of the Division, it must look at the substance of the claim rather than the label
assigned to it by the plaintiffs. Here, plaintiffs’ claims, no matter how artfully pled, arose from
Texas Mutual’s assertion of its subrogation interest and suspension of benefits, issues over which
the Division has exclusive jurisdiction.
In re Texas Mutual Insurance Co., No. 08–15–00343–CV, 2016 WL 921317 (Tex. App.--El Paso
Mar. 9, 2016, no pet. h.).