Entergy Gulf States, Inc. v. Summers

Posted on Monday, May 11, 2009

The Texas Supreme Court finds that a general contractor, including a premises owner, is immune from lawsuits by the subcontractor’s employees if it provides workers’ compensation insurance coverage for its sub-contractors. The split opinion, issued on April 3, 2009, affirms the Court’s earlier decision in that case which reached the same conclusion. The Court looked to the language of the workers compensation act to find that any person or company that provides workers compensation to the employee and meets the definition of a “general contractor” is entitled to “statutory employer” immunity. This decision confirms the Court’s position on its prior 2007 ruling, and potentially broadens the class of persons immune from third-party lawsuits.