· 8/25/2011
Warnke v. Nabors Drilling USA, L.P.
Citations
- 358 S.W.3d 338
- 32 I.E.R. Cas. (BNA) 1356
- 2011 Tex. App. LEXIS 6873
- 2011 WL 4836199
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that an affidavit from an insurance carrier’s managing director attesting to coverage satisfied the employer’s burden to demonstrate subscriber status
- holding that Nabors satisfied its burden to demonstrate subscriber status and triggered the exclusive remedy provision of the Act by providing an affidavit from the carrier stating that the carrier provided workers’ compensation insurance to Nabors at the time of the accident
- “The [TWCA’s] exclusive remedy provision is an affirmative defense that the defendant must plead and prove.”
- “The the following question: [TWCA’s] exclusive remedy provision is an affirmative Did Daniel E. Arnold, Individually, exercise or retain defense that the defendant must plead and prove.”
- exclusive remedy doctrine is triggered by conclusive evidence that injured worker was an employee at the time of the work-related injury, and the employer was covered by workers’ compensation insurance
Source: CourtListener parenthetical corpus (CC0).
Judges: Harvey Brown
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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