SEABRIGHT INSURANCE COMPANY, Petitioner, v. Maximina LOPEZ, Beneficiary of Candelario Lopez, Deceased, Respondent

SEABRIGHT INSURANCE COMPANY, Petitioner, v. Maximina LOPEZ, Beneficiary of Candelario Lopez, Deceased, Respondent

Because Interstate Treating's business required specialized, non-local temporary crews whose employment necessitated temporary lodging and travel from that lodging to remote job sites, and because the employer provided and paid for the vehicle and fuel, the relationship between the decedent's travel and his employment was so close that the injury originated in and furthered the employer's business; the statutory exception to the transportation exclusion therefore applied and the decedent was acting in the course and scope of employment as a matter of law.

Citation
465 S.W.3d 637; 58 Tex. Sup. Ct. J. 1172; 2015 Tex. LEXIS 553; 2015 WL 3653289
Parties
Petitioner/insurer: SeaBright Insurance Company; Respondent/claimant: Maximina Lopez, beneficiary of Candelario Lopez, deceased
Court
Texas Supreme Court
Jurisdiction
United States
Judgment Date
12 June 2015
Case Number
14-0272
Procedural Posture
Workers' Compensation Judicial Review / Petition for Review to State Supreme Court Following Grant of Summary Judgment and Affirmance by Court of Appeals
Outcome
Judgment of court of appeals affirmed; summary judgment for respondent affirmed; administrative decision ordering benefits affirmed.
Legal Topics
Course and Scope of Employment, Compensable Injury, Travel to Work Exclusion and Exceptions, Summary Judgment Standard, Statutory Interpretation
Source Language
English
Workers' Compensation Employment Law Insurance Law Administrative Law Civil Procedure Course and Scope of Employment Compensable Injury Travel to Work Exclusion and Exceptions +2 more

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Parties

SeaBright Insurance Company

Petitioner/insurer

Maximina Lopez, beneficiary of Candelario Lopez, deceased

Respondent/claimant

Procedural Posture

Workers' Compensation Judicial Review / Petition for Review to State Supreme Court Following Grant of Summary Judgment and Affirmance by Court of Appeals

Legal Issues

  1. 1 Was the decedent acting in the course and scope of employment when he died traveling to a remote job site?
  2. 2 Did the decedent's travel originate in and further the employer's business?
  3. 3 Did the statutory exclusion for transportation to and from work bar coverage or was an exception satisfied?

Ratio Decidendi

Because Interstate Treating's business required specialized, non-local temporary crews whose employment necessitated temporary lodging and travel from that lodging to remote job sites, and because the employer provided and paid for the vehicle and fuel, the relationship between the decedent's travel and his employment was so close that the injury originated in and furthered the employer's business; the statutory exception to the transportation exclusion therefore applied and the decedent was acting in the course and scope of employment as a matter of law.

Court Disposition

Judgment of court of appeals affirmed; summary judgment for respondent affirmed; administrative decision ordering benefits affirmed.

Orders

  • Affirmed court of appeals judgment.
  • Affirmed trial court summary judgment in favor of respondent and the administrative determination that the death was compensable.