The Texas Supreme Court last week reaffirmed its decision in the Entergy v. Summers workers’ comp case. After a 2007 decision interpreted state law so that the owner of a work-site premises could receive the same shield from liability granted to insured general contractors under workers’ comp laws, legislators cried foul, stating that they never intended the law to be used that way. The court agreed to rehear the case and deliberated in October, but ultimately it stood by its decision. “Today’s majority has simply declared after the fact that the workers’ compensation law means the opposite of what it has always been held to mean when it comes to premises owners,” said Texas AFL-CIO President Becky Moeller. “As a result, more workers – like those injured in the BP explosion of 2005 – will be limited to meager workers’ compensation protections.”
This article appears in April 10 • 2009.
