Massey v. Armco Steel Co.

POPE, Chief Justice.

This is a workers’ compensation case in which we must determine whether an employee’s counterclaim against his employer for an intentional tort stated a cause of action that was independent of his claim for which the Industrial Accident Board awarded benefits. The court of appeals, with one judge dissenting, affirmed a summary judgment against the employee on the grounds that the workers’ compensation award was his exclusive remedy. 635 S.W.2d 596. We reverse the judgment and remand the cause to the trial court.

The Texas Industrial Accident Board awarded Leroy Massey total…