Saturday, March 10, 2012

TWCA reviews whether an employee's injury was sustained within the scope of his employment

RONALD EADY v. COMMODORE EXPRESS, INC. ET AL. (TWCA March 8, 2012)

In this workers’ compensation suit, the employee, a truck driver, alleged that he sustained a compensable injury to his back. His employer denied that an injury occurred and further contended that, if an injury did occur, it did not arise from or in the course of his employment. The trial court held that the injury was the result of the employee’s attempted assault on a co-employee and, therefore, did not arise from his employment. The complaint was dismissed, and the employee has appealed, arguing that the trial court’s finding was in error. We affirm the judgment. Opinion available at: https://www.tba.org/sites/default/files/eadyr_030812.pdf

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