[Download] "Morales v. Martin Resources" by Texas Tenth District Court of Appeals # eBook PDF Kindle ePub Free

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eBook details

• Title: Morales v. Martin Resources
• Author : Texas Tenth District Court of Appeals
• Release Date : January 01, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

Fernando Morales was an employee of Select Professional Staffing. Select Professional Staffing placed Morales as a temporary employee with Martin Resources, Inc. Morales injured his left hand while working on a machine at Martin Resources, Inc.s facility located in Odessa, Texas. Morales brought this action alleging negligence claims against Select Professional Staffing, Martin Resources, Inc., and Martin Operating Partnership, L.P. The Martin entities will be referred to collectively as Martin Resources, Inc. The trial court granted summary judgment to Select Professional Staffing and Martin Resources, Inc., finding that the exclusive remedy provision of the Texas Workers Compensation Act (TWCA) barred Moraless common law claims against them. See TEX. LAB. CODE ANN. § 408.001(a) (Vernon Supp. 2005). Because neither Select Pro-fessional Staffing nor Martin Resources, Inc. established that they were covered by workers compensation insurance, which is necessary to come within the exclusive remedy provision, we reverse the trial courts judgment and remand the case to the trial court for further proceedings.

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