Hector Garza v. Zachry Construction Corporation, Zachry Industrial, Inc., Gilbert Morales and Anthony Rodriguez

OPINION

Opinion by:

SANDEE BRYAN MARION, Justice.

This is an appeal from a take-nothing summary judgment rendered in favor of appellees. The issues on appeal center on a subcontractor’s right to rely on the workers’ compensation exclusive remedy bar contained in Texas Labor Code section 408.001 as made applicable to subcontractors by Labor Code section 406.128 when the subcontractor and its employees are sued by an employee of the premises owner/general contractor. On appeal, appellant raises two issues: (1) appellees are not entitled to raise the exclusive remedy bar to preclude his common-law…