Becon Construction Co. v. Alonso

OPINION

HOLLIS HORTON, Justice.

In this permissive appeal, we address whether the exclusive remedy defense provided by the Texas Workers’ Compensation Act applies on a -worksite that was subject to a contractor-controlled insurance program. See Tex. Lab.Code Ann. §§ 406.123, 408.001 (West 2006). Because the summary-judgment proof of the appellants, who were subcontractors on the site, established that they were entitled to rely on the exclusive remedy defense, the appellants’ joint motion for summary judgment should not have been denied. The trial court also erred by granting the ap-pellees’…