Deborah Ferguson, Kathleen Rabjohns, and Michael Rabjohns v. Hospital Corporation International, Ltd.

JERRE S. WILLIAMS, Circuit Judge,

Two nurses who were injured while on assignment in Saudi Arabia brought this negligence action against their employer. The employer argues that the Texas Workers’ Compensation Act (the “Act”) is the nurses’ exclusive remedy. Prior to the accident, the employer failed to comply with any of the notice provisions of the Act, The district court denied summary judgment for the employer on grounds that the employer was not a subscriber under the Act because of failure to provide notice of compensation coverage to the employees prior to their accident.

I. FACTS

Hospital…