The Dalals Court of Appeals (Chief Justice Burns, joined by Justice Molberg and Justice Reichek) on March 14, 2023 overturned the trial court’s order granting defendant's plea to the jurisdiction, holding that a motion for summary judgment, not a plea to the jurisdiction, was the proper vehicle to raise a worker’s compensation exclusive remedy defense. Under the summary judgment standard the evidence did not show the plaintiff was a deemed employee under Chevron’s OCIP policy, as he was an employee of the subsidiary company and the OCIP policy was signed by the parent company. The court rejected Chevron’s argument that the subsidiary had signed under its trade name, the court correctly refused to conflate the two entities where the subsidiary’s trade name was also the legal name of the parent company.
Read the opinion by clicking here.
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