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.
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Ronald Santorsola signed an employment agreement which required arbitration of claims alleging
workers' compensation retaliation. He reported an injury two months after he was hired and filed
a workers' compensation claim. A month later, he was terminated. He sued his former employer
under section 451.001 of the Texas Labor Code, alleging that he was terminated for filing a workers'
compensation claim. His employer sought to enforce the arbitration agreement. Mr. Santorsola
argued the agreement was unconscionable and unenforceable because it contained an agreement
requiring him to split the arbitrator's fee with his former employer that would deter him from
arbitrating his claim because he would not be able to afford it. The trial court agreed with Mr.
Santorsola ruling that the agreement was unconscionable and unenforceable. The Corpus Christi
Court of Appeals held that the trial court did not abuse its discretion in so ruling because the
fee-splitting agreement contained no cap on the amount the employee would be required to pay and
no provision allowing the arbitrator to modify the terms of payment.
AOF Services, LLC, v. Santorsola, No. 13–14–00641–CV, 2016 WL 1165829 (Tex. App.--Corpus
Christi Mar. 24, 2016, no pet. h.).