TX 6th: Burden of Subscriber Status on Employer

The Sixth District of the Texas Court of Appeals reversed summary judgment in favor of an employer where the employer's motion failed to attack the sufficiency of the employee's evidence, and held that the burden of proving subscriber status under the Texas Workers' Compensation Act (TWCA) is on the employer. In Pierce v. Holiday, No. 06-03-00153-CV, 11/22/2004, Pierce injured himself while working on Holiday's farm and sued Holiday under a negligence theory. Pierce alleged that Holiday was negligent in improperly training him, failing to provide proper equipment, and also sued under a pre...