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Texas Mutual Insurance Co. v. Hofer Builders, Inc.

Court: Tx 3-Austin  07/03/2019  Appellate Court Finds Jurisdiction Exists over Workers' Compensation Dispute but Holds that Insurer Failed to Establish Entitlement to Summary Judgment on Issue of Hiring and Recruitment of Employee in Texas

Appellate court finds that the Division of Workers' Compensation did not have exclusive jurisdiction and no requirement existed for the parties to exhaust any administrative remedies because the injured claimant did not seek Texas benefits, but the court ultimately determined that summary judgment should not be granted for either party in dispute over "Limited Reimbursement for Texas Employees Injured in Other Jurisdictions" endorsement because neither party conclusively established whether the employee was "hired or recruited in this state."

workers' compensation insurance policy, employee, non-Texas employee, "Limited Reimbursement for Texas Employees Injured in Other Jurisdictions" endorsement, Texas Labor Code 406.071, extraterritorial coverage, breach of contract, declaratory judgment, exclusive jurisdiction, Notice of Denial, "hired or recruited in this state"

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