The Texas Supreme Court recently ruled on an issue involving the Texas Workers’ Compensation Act. Ins. Co. of the State of Penn. v. Muro, No. 09-0340 (Tex. Aug. 26, 2011), available at http://www.supreme.courts.state.tx.us/historical/2011/aug/090340.pdf.
The plaintiff sought lifetime workers’ compensation income benefits after she fell at work and injured her hips, back, shoulder and neck. The injuries affected the use of the plaintiff’s feet and right hand to the extent that she could no longer work. The trial court awarded lifetime income benefits, and the Dallas appellate court affirmed this award. The insurance company appealed.
The Court reversed the decision. The Texas Workers’ Compensation Act authorizes the award of lifetime income benefits to employees who lose the use of certain body parts or suffer certain injuries in work-related accidents. These qualifying body parts and injuries are enumerated in the statute. The Court determined that the statute limits the award of lifetime benefits to people who have suffered an injury enumerated in the statute or lost the use of a body part listed in the statute. Here, because the plaintiff’s injuries were not enumerated in the statute, she was not entitled to lifetime benefits.
To speak to a Dallas, Texas employment lawyer about workers’ compensation or other Texas employment law issues, contact the Dallas employment lawyers at Clouse Dunn LLP at firstname.lastname@example.org.
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KEITH A. CLOUSE
Clouse Dunn LLP
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