 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Lawrence v. CDB Services3/29/2001
employee, but concluding it is in the working majority's best interest). Because the Act dictates that "the great army of employees" is best served by encouraging subscription while also assuring nonsubscribing employers' employees a means to seek adequate compensation, the Court should have no choice but to hold the waivers void and unenforceable.
The Court also finds it pertinent that employer and employee participation in the workers' compensation system is voluntary and says that allowing nonsubscribing employers' employees additional choices does not violate the legislative scheme. __ S.W.3d at __. This simply ignores that even when employers and employees elect not to have workers' compensation insurance coverage, the Act "delineate explicitly the structure" of an injured employee's personal-injury action. Kroger Co., 23 S.W.3d at 351. Enforcing these waivers is thus contrary to the Act's intent to protect both nonsubscribing and subscribing employers' employees and to monitor all injured employees' remedies.
Finally, because I would hold that the waivers violate public policy, I also consider the employers' argument that by accepting benefits under the plans, Lawrence and Lambert are estopped from claiming the waivers are unenforceable. While accepting benefits is a form of quasi-estoppel, Lopez v. Munoz, Hockema & Reed, 22 S.W.3d 857, 864 (Tex. 2000), it does not apply where the agreement violates public policy and is thus void. Ex parte Payne, 598 S.W.2d at 317. And, generally, a party cannot ratify a void contract. Richmond Printing, 996 S.W.2d at 224. Accordingly, accepting benefits does not make the otherwise void waivers enforceable.
III. CONCLUSION
An employee's agreement to waive all claims against a nonsubscribing employer violates the Act's long-recognized public policies. Today, the Court ignores its obligation to uphold those public policies and punts a well-settled issue to the Legislature. I respectfully dissent.
James A. Baker, Justice
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 Texas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|