Arnold & Placek Wins Death Benefits Case on Summary Judgment, Appeal

Written by A&P News on November 7, 2017. Posted in Appeals, Judicial Review, News

After the foreman for a San Angelo electrical contractor was killed in an auto accident on his way to work, his widow sought workers’ compensation death benefits from Texas Mutual Insurance Company. Texas Mutual disputed the claim and prevailed at the Division of Workers’ Compensation. His widow appealed the decision to the District Court of Sutton County where Texas Mutual was represented by Arnold & Placek, P.C. After discovery was completed, Matthew Foerster successfully obtained a summary judgment (and defeated the widow’s cross-motion) determining that the foreman was not in the course and scope of his employment at the time of the accident. The widow then appealed again to the San Antonio Court of Appeals. On November 1, 2017, the San Antonio Court of Appeals issued a memorandum opinion affirming the summary judgment in favor of Texas Mutual. Throughout the judicial review and appellate process, Texas Mutual was represented by Scott Placek and Matthew Foerster.

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