Worker Establishes Negligence Claim Against Nonsubscribing Employer

A divided Texas appellate court ruled that a worker established a negligence claim against her nonsubscribing employer, though the jury’s award of future medical expenses was excessive. Nicole Tarpley worked for Red Bluff LLC at a nursing and rehabilitation facility. She allegedly suffered injuries while attempting to move a morbidly obese patient from a bed to a wheelchair. After conservative treatment, Tarpley underwent a discectomy and fusion surgery at two levels in her neck. Tarpley filed suit against Red Bluff, a workers’ compensation nonsubscriber. She asserted claims for...