High Court: Negligence Claim Against Nonsubscriber Not an Action to Collect Benefits

The Texas Supreme Court said a negligence claim against a nonsubscribing employer is an action to recover damages that is distinct from an action to collect benefits under the Workers’ Compensation Act. As such, the high court held that a trial court abused its discretion by striking a nonsubscribing employer’s motion for leave to designate responsible third parties in a negligence claim brought by an injured worker. “Considering the distinctions the act draws between no-fault statutory claims to collect workers’ compensation benefits against subscribers and fault-bas...