Texas Compensation Insurance Co. v. Matthews

With due deference, I wish to record my dissent. I thought we went as far as we could reasonably be expected to go in extending the “access doctrine” as an exception to the “going and coming rule” in Kelty v. Travelers Insurance Company, 391 S.W.2d 558 (Tex.Civ.App. — Dallas 1965, writ ref’d n. r. e.). But now the majority has gone a step further in holding that an employee, simply because of a barricade blocking the sidewalk and the signs directing pedestrians to cross the street, sustained a compensable injury when she fell in a public street on her way to work.

Until the legislature sees…