Chevron, U.S.A., Inc. v. Simon

Katherine Simon was employed by Texas Industrial Maintenance Inc. (“TIM”), and she sued Chevron for personal injuries she sustained while working on Chevron’s premises as a janitor. In the trial court Chevron moved for and was granted a severance and summary judgment, giving Chevron a credit against any subsequent recovery by Simon for workers’ compensation benefits. This judgment limited Simon’s recovery to that in excess of the insurance benefits, if any. TEX.REV.CIV. STAT. art. 8307 § 6a (Vernon 1990 Supp.) (repealed effective January 1,1991). Chevron claimed the credit because in its…