Texas Workers' Compensation Commission v. Garcia

SPECTOR, Justice,

joined by

HIGHTOWER and GAMMAGE, Justices,

concurring and dissenting.

Texans have long recognized that the right of trial by jury is “the only safe guarantee for the life, liberty, and property of the citizen.” 1 Today’s decision undermines that guarantee by allowing the Legislature to arbitrarily curtail the jury’s role. While I join in most parts of the majority opinion, I cannot join in part VII, which abridges an injured worker’s right to a jury trial.

The Texas Workers’ Compensation Act of 1989 sharply restricts the jury’s discretion on critical issues. In determining the…