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Employer Didn't Lose Subrogation Right by Failing to Appear at Trial

By WorkCompCentral

Monday, November 9, 2015 | 0

A Texas appellate court ruled that a municipal employer's failure to appear in the proceedings for an injured worker's claim against a third-party tortfeasor did not warrant dismissal of the employer's claim for reimbursement of the benefits it had paid to the worker, with prejudice. Case: Harris County v. Gambichler, No. 14-14-00771-CV, 11/03/2015, published. Facts: Tracey Ellis sued Gerald Gambichler for injuries she sustained in a traffic incident allegedly caused by Gambichler in 2009. Ellis, the sole witness at trial, acknowledged she was a Harris County employee and was si...

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