Dickson v. Silva

OPINION

HEDGES, Justice.

Appellants Robert and Janice Dickson challenge a summary judgment entered in favor of appellees, Jose T. Silva, Evans Cooperage of Houston, Inc., and Evans Cooperage Company, Inc. In six points of error, appellants contend (1) that the exclusive remedies provision of the Texas Workers’ Compensation Act 1 does not preclude their recovery, and (2) that appellees failed to prove their affirmative defense of election of remedies.

On June 20, 1988, Robert Dickson was hired by Evans Cooperage Company, Inc. (the “Company”) as a truck driver and dispatcher. At approximately 1:15…