McElhaney v. City of Tyler

RAMEY, Chief Justice.

This is an appeal from a summary judgment in favor of the City of Tyler (“City”), a self-insured employer, in a worker’s compensation case arising under the “new” Texas Workers’ Compensation Act of 1989 (“Act”). The City obtained the summary judgment against JoAnn McElhaney (“McElhaney”) that she recover nothing by her claim for benefits arising out of her husband’s death; McElhaney is the widow of Bill McElhaney, an employee of the City who died from a heart attack on July 22,1991, while reassembling some heavy equipment at a water treatment plant. We will reverse the…