TWCA Reviews Insurer Liability in a Case in Which Employer had Two Workers' Comp Policies at the Time of Employee's Injury

BUILDERS MUTUAL INSURANCE COMPANY v. S & W BUILDERS, INC. ET AL. (TWCA March 3, 2011)

In this workers' compensation action, the trial court held that the employee sustained a compensable injury to his neck. The trial court found that the employee had a 30% impairment as a result of the injury and awarded 75% permanent partial disability to the body as a whole. The employer had two policies of workers' compensation insurance in effect on the date of the injury.

The trial court held each insurer liable for one-half of the benefits paid to the employee. One of the insurers has appealed, contending that the evidence preponderates against the finding that the employee sustained a compensable injury and that it erred in its apportionment of liability. We affirm the judgment.

Opinion available at:
http://www.tba2.org/tba_files/TSC_WCP/2011/buildersmutual_030311.pdf