En EspaƱol Get Your Free Case Review Today! Main Menu
In Houston
Toll Free

Supreme Court Sides with Insurer against Injured Worker

Photo of Jay Jackson

In a recent decision, the Texas Supreme Court ruled that an injured employee who was denied worker's compensation benefits was not entitled to sue the carrier for its violations of the Texas Insurance Code.

The case is Texas Mutual Insurance Company v. Ruttiger, ___ S.W.3d ___ (Tex. 2011). In it, a carrier denied benefits to a worker after performing an inadequate investigation of the circumstances of his injury. At a later administrative hearing, it agreed to pay the benefits required by the workers' compensation statute. Subsequently, the worker sued the carrier under the Insurance Code for its violations of the law, and a jury awarded damages to him.

Notwithstanding the verdict, the Supreme Court ruled that a worker is barred from suing an insurance carrier under the Insurance Code for unfair claims settlement practices, even though the workers' compensation statute nowhere removes the rights of the worker provided by the Insurance Code. Though the Court would allow a suit for misrepresentation, it found none in this case.

No Comments

Leave a comment
Comment Information

Contact Us Today
And Get Your Free Case Review

Logo: Texas Best Lawyers Logo: Texas Super Lawyers - Texas Bar College Logo: Lead Counsel Rated Logo: Houston's Top Lawyers Logo: American Trial Lawyers Association
Logo: Abraham Watkins Best Lawyers in America Best Lawyers Award Badge Logo: American Board of Trial Advocates - Million Dollar Advocates Forum Logo: The Best Lawyers in America

As Seen On:

Logo: CNN Logo: Houston Chronicle Logo: Houston Public Media Logo: ABC 13 Logo: USA Today Logo: KHOU 11 Logo: KPRC 2 Logo: Fox 26 Logo: Telemundo Logo: Univision