Addison v. Diversified Healthcare
August 28, 2012Willie Addison hurt his back at work and, after complaining about it, was fired. He sued his employer alleging retaliatory discharge under the Texas Workers’ Compensation Act. Addison’s employer, however, was not a subscriber to the states’ worker’s compensation program.
Undeterred, Addison charged that his employer should nevertheless be held liable for retaliatory discharge because the employee handbook indicates the company maintains a workers compensation plan (though it is not governed by the Act). The court rejected Addison’s claim, finding that “only subscribing employers can be subject to section 451.001 claims.”
