TEXAS NON-SUBSCRIBER LAW
Even If Work Activities Caused The Injury, Plaintiff Must Show Injury Resulted From Employer Negligence To Recover
Excel Corp. v. Apodaca, 2002 WL 1379009 (Tex. 2002)
June 27, 2002
Apodaca filed suit against his employer for injuries he sustained in the course and scope of his employment. The jury ruled in Apodaca’s favor, and the court of appeals affirmed.
Apodaca offered evidence that Excel could have set up the machine he operated in a better manner that would have limited the chance of injury and instituted measures to diagnose cumulative trauma injuries early enough to reverse them with conservative care. This was supported by an OSHA study. The Supreme Court noted that Apodaca’s injuries did result from his work, bur ruled that there was no evidence that the injury resulted from the employer’s negligence. There was no medical evidence that established that Apodaca would not have been injured but for any negligent act by Excel. The court stated that the evidence does not show that had Excel modified the worksite or job requirements, or had it conducted symptoms surveys, Apodaca would not have suffered his injuries or they would have been diagnosed sooner and reversed using other treatments.
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