Subrogation Waiver in Carrier's Policy Doesn't Apply to Worker's Medical Malpractice Action

A Texas appellate court ruled that a blanket waiver in a workers’ compensation insurance policy did not apply to waive the carrier’s subrogation rights against the health care providers who allegedly committed malpractice in treating its insured’s employee. Case: Texas Mutual Insurance Co. v. Stevenson, No. 05-18-00978-CV, 10/02/2020, published. Facts: Corby W. Stevenson worked for FSTI Inc. He ruptured his Achilles tendon while at work in July 2013. FSTI had workers’ compensation coverage with the Texas Mutual Insurance Co., which paid benefits to him. Procedural h...