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Smith v. H.E. Butt Grocery Company6/8/2000
Inc., 995 S.W.2d 722 (Tex. App.-San Antonio 1999, pet. denied). However, in the instant case, the record does not support a public policy argument.
I have in a prior, albeit unpublished dissent in an opinion out of this court, voiced my concern regarding arbitration clauses contained in employee welfare benefit plans (which take the place of workers' compensation) that contain a provision requiring the injured worker to pay a portion of arbitration costs up front. Although I have not altered my opinion regarding such clauses, the Texas Supreme Court recently denied the petition for writ of mandamus filed by the employee in that case. Here, appellant filed a motion to compel H.E.B. to pay the arbitration fee, but there is nothing to indicate the motion was ever ruled on. Therefore, with some reservation, I concur with the majority opinion.
EARL B. STOVER, Justice
Concurrence Delivered: June 8, 2000
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