Mitchell v. John Wiesner, Inc.

OPINION

BURGESS, Justice.

This is a summary judgment case. On February 17,1993, Vicki Mitchell, an employee of John Wiesner, Inc., filed a claim with the Industrial Accident Board alleging she suffered an on-the-job-injury on February 15, 1993.1 On March 8, 1993, Mitchell was terminated. Mitchell filed suit pursuant to Tex.Rev.Civ.Stat.Ann. art. 8307c (Vernon Supp.1989)2 alleging she had been discharged in retaliation for filing a workers’ compensation claim.

Weisner filed a motion for summary judgment raising the after-acquired evidence doctrine and relying upon Jordan v. Johnson Controls, 881…