NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.
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Demetrius Grant was hired by staffing company Arrow Personnel and assigned to
work at client company Wind Turbine and Energy Cables (WTEC) where he was
injured. He sued Arrow, WTEC, and other entities for negligence.
The Fort Worth Court of Appeals held that Grant’s suit against WTEC is
barred by the exclusive remedy defense because: 1) WTEC was Grant’s employer at
the time of the injury based on a right-of- control analysis, and 2) WTEC was
covered by a workers’ compensation policy. Arrow was not a subscriber to
workers’ compensation and therefore, not entitled to assert the exclusive
remedy defense. The court nonetheless held that Grant could not sue Arrow
for negligence because Arrow was not his employer under the right-of-control
test with respect to the work at issue and therefore, owed him no duty.
Although not expressly stated by the court, the takeaway here is that
Grant’s remedy for his injury is workers’ compensation benefits under WTEC’s
Grant v. Wind Turbine and Energy Cables Corp., et al., No. 02-21-00036-CV, 2022 WL 2840142 (Tex. App.—Ft. Worth July 21, 2022, no pet.) (mem. op.).
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