USCA 8th Applies TX Law to Deny AR Indemnity in WC Case

The United States Court of Appeals for the Eight Circuit upheld the application of Texas' prohibition against indemnification arising out of an industrial accident where the employee received Texas work comp benefits for an accident in Arkansas.In Pilgrim's Pride Corp. v. Simmons Mill Elevator Erection, Inc. (04/29/04 - No. 03-1934), Bill Applewhite, a Simmons employee and a resident of Texas, was killed when a roof he was working on at a Pilgrim's Pride (PPC) facility in Hope, Arkansas collapsed. PPC hired Simmons without a written agreement of any kind to govern their relationship. After ...