Western Steel Co. v. Altenburg

The principal issue in this case concerns the sufficiency of the evidence to support the jury’s finding that a worker injured at a steel company was not the employee, or borrowed employee, of that company and thus was not subject to the company’s affirmative defense under the Texas Workers’ Compensation Act. In affirming the trial court’s judgment, a divided court of appeals did not reach the sufficiency issue, concluding instead that the steel company was not entitled to the affirmative defense because it failed to prove that it had workers’ compensation insurance. 169 S.W.3d 347, 353. We…