Franks v. Sematech, Inc.

Does an employee’s intervention in a workers’ compensation carrier’s subrogation action against third parties alleged to have injured the employee relate back to the filing of the subrogation action so as to escape the bar of limitations? The lower courts answered no. 938 S.W.2d 462. We disagree.

While working for Daw Technologies, Inc., Charle Franks was struck by a security gate on the premises of Sematech, Inc. The gate was manufactured by Burle Industries, Inc. Daw’s compensation carrier, Industrial Indemnity Insurance Co., paid Franks benefits. Section 417.001 of the Labor Code provides…