On February 3, 2011, KRCL attorneys Zach Mayer and Joshua M. Sandler obtained a unanimous appellate victory on behalf of their clients, a large national discount store chain. After sustaining an on-the-job injury in 2008, the plaintiff—a former employee—sued the discount store for negligence and gross negligence and sought more than $250,000 in actual and exemplary damages. The defense filed a motion for summary judgment, maintaining that all the plaintiff's common law causes of action were barred by the exclusive remedy provision of the Texas Workers' Compensation Act. The trial court dismissed the lawsuit and the plaintiff appealed, claiming that her injuries were not covered by worker's compensation insurance because she opted out of her employer's workers' compensation plan. The plaintiff's appellate brief to the court attempted to provide evidence of this alleged opt-out. However, the First Court of Appeals was instead persuaded by the defense's arguments that the plaintiff gave no notice of her alleged opt-out and that the appellate court could not consider new evidence provided on appeal by the plaintiff. The appellate court unanimously affirmed the lower court, barring the plaintiff's negligence and gross negligence causes of action.
