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Parra v. Larchmont Farms12/21/1995
OPINION ON ORDER
This case involves choice of laws. Appellant, Jose Parra, appeals the trial court's grant of summary judgement in favor of Appellee, Larchmont Farms, Inc. The trial court found as a matter of law that the exclusive remedy provision of the New Jersey Worker 's Compensation Act barred Parra's common law negligence action in Texas against Larchmont, a New Jersey company. Pursuant to Rule 80(c), Texas Rules of Appellate Procedure, we issue the following order sua sponte.
SUMMARY OF FACTS
In March 1990, Larchmont, a New Jersey employer, recruited and hired Parra, an El Paso County resident, to travel to and work in Larchmont's New Jersey peach orchards. On August 20, 1990, Parra fell off a tree ladder and sustained serious injuries. He received emergency medical treatment in New Jersey and, unable to continue working, returned home to El Paso. Some medical expenses were paid, but Parra never received any temporary or permanent disability compensation .
More than seven months after the accident, on April 1, 1991, Larchmont filed an Employer's First Report of Accidental Injury or Occupational Illness. Then, in November 1991, Parra filed a claim with the New Jersey Division of Worker 's Compensation , which Larchmont responded to on January 9, 1992. It appears that by letter dated February 17, 1992, Parra sought to notify the New Jersey Division of Worker 's Compensation that he was electing to proceed under the Texas Worker's Compensation Act and "not to proceed under the law of the state of New Jersey." On March 28, 1992, Larchmont filed a Motion to Dismiss Parra's worker's compensation claim on the basis that Parra had failed to appear for an independent medical examination that they had scheduled for him in New Jersey. A New Jersey Judge of Compensation granted the motion and dismissed Parra's claim on May 27, 1992. Meanwhile, Parra sued in El Paso County, Texas, on April 14, 1992.
Here, Larchmont moved for summary judgement and the trial court held that "after examining the pleadings and the summary judgment evidence and hearing the arguments of counsel, determines that Jose Parra's cause of action against Larchmont Farms, Inc. is barred by the exclusive remedy provisions of the New Jersey Workers' Compensation Act. N.J. Stat. Ann. Section(s) 34.15-8 (West 1990)."
DISCUSSION
Parra, in a single point of error, contends that the trial court erred in granting Larchmont's summary judgement because under Article 8306, sec. 19 of the Texas Worker's Compensation Act, he was covered as an out-of-state Texas employee when he suffered a work related injury while working in a foreign jurisdiction. Parra overlooks the fact that at the time of his injury, the Texas Worker's Compensation Act specifically excluded from its application "actions to recover damages for personal injuries . . . death resulting from personal injuries sustained by domestic servants, farm laborers, ranch laborers . . . ." Tex.Rev.Civ.Stat.Ann. art. 8306, Section(s) 2 (Vernon 1967)[Emphasis added]. See also Texas Employers' Ins. Ass'n v. Derrick, 207 S.W.2d 199 (Tex.Civ.App. -- Amarillo 1947, writ ref'd n.r.e.); Texas Employers Ins. Ass'n v. Weber, 386 S.W.2d 835 (Tex.Civ.App. -- Austin 1965, writ ref'd n.r.e.). Therefore, the trial court's implied finding that the Texas Worker's Compensation Act did not apply to this suit was proper. As a matter of law, the Texas Worker's Compensation Act affords Parra neither a remedy nor benefit nor does it deprive Larchmont of its common law defenses if a negligence suit in Texas is proper. This, however, only begins our inquiry. We must now consider the conflict of laws that presents two issues: (1) does the New Je
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