Smith v. H.E. Butt Grocery Co.
Texas Court of Appeals, 9th District (Beaumont)
1Opinion of the Court
OPINION
JOHN HILL, Justice (Assigned).
James Smith appeals from an order dismissing his personal injury suit against H.E. Butt Grocery (HEB), his former employer, after he failed to submit the case to arbitration as required by an agreement between him and HEB. In five issues on appeal he contends: (1) the Texas Workers’ Compensation Act prohibits agreements to waive rights under the Act, and this prohibition on waiver applies to non-subscribers and applies to agreements to arbitrate; (2) the trial court erred in finding that the Federal Arbitration Act provisions preempted the Texas Workers’…
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