City of Bellaire and Rosa Larson v. Elbert Johnson

The Texas Labor Code provides that “[r]ecovery of workers’ compensation benefits is the exclusive remedy of an employee covered by workers’ compensation insurance.” Tex. Lab.Code § 408.001(a). 1 In Port Elevator-Brownsville, L.L.C. v. Casados, 358 S.W.3d 238 (Tex.2012), we held that, with certain exceptions not relevant in that case or this one, an employee cannot avoid this statutory bar by arguing that he was not covered under the specific terms of his employer’s workers’ compensation insurance policy. 2 To hold other wise, we concluded, would be to violate the rule “preventing] an employer…