Archive for October, 2018

In re Estate of Howard, 43 S.W.3d 397, 403

Written by A&P News on October 30th, 2018. Posted in Appeals, News

In re Estate of Howard, 43 S.W.3d 397, 403 (Tex. App.—Houston [14th Dist.] 2018, pet. denied) – Obtained a summary judgment win for an employer in a wrongful death case and preserved that win through the court of appeals and the Texas Supreme Court. The court held that an earlier decision by the Division of Workers’ Compensation—that the plaintiff was not the common-law spouse of the decease employee—barred the plaintiff from suing the employer as the employee’s alleged common-law spouse. The court also held that workers’ compensation benefits are the exclusive remedy for an employee’s personal injury claim against his employer that survives his death.