Case Study: Removing Roadblocks for Injured Employees Needing Medical Care

PartnerSource advises clients whose employees encounter travel-related issues when getting to medical care

Studies show that receiving the appropriate medical treatment in a timely manner helps create better medical outcomes for injured employees. But what if an injured employee has to travel far distances to see the appropriate physician for care?

 

Unraveling the East Texas Medical Ruling: A Threat to Nonsubscriber Negligence Claims in Texas

Texas courts for decades have recognized that nonsubscriber negligence claims arise out of common law, not the Texas Workers’ Compensation Act. However, a recent decision by the Tyler Court of Appeals threw a wrench in current case law. In the case East Texas Medical, the Tyler Court incorrectly held that a nonsubscribing employer could not designate responsible third parties because a negligence claim against a nonsubscriber is “an action to collect workers’ compensation benefits” under the TWCA. In re E. Tex. Med. Ctr. Athens, No. 12-23-00263-CV (Tex. App. Nov. 21, 2023). Not only does the Tyler Court ignore decades of precedence on nonsubscriber law and misinterpret precedent, they also completely disregard the plain language of the responsible third-party statute.

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The Alternative to Workers’ Comp, commonly referred to as Texas Nonsubscriber Option, or just “the Option”, is a completely different approach to providing on-the-job benefits to injured workers. Using the ERISA platform, the Option has many advantages over traditional workers' compensation.

PartnerSource is the recognized leader in this field.

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Kids' Chance

PartnerSource is proud to be a founding sponsor of Kids' Chance of Texas.  Their mission is to create and support educational scholarship programs for Texas children whose parents have suffered a severe or fatal injury at work. To learn more, please visit http://www.kidschanceoftexas.org/