Texas Supreme Court
Gary Lawrence, Martee Lawrence, Petitioners v. Cdb Services, Inc., Respondent; Danny Lee Lambert and Teresa…
March 29, 200144 Tex. Sup. Ct. J. 554
Summary
The Texas Supreme Court held that the Workers' Compensation Act does not expressly prohibit voluntary pre‑injury elections to employer‑provided benefit plans and, absent clear legislative intent, declined to invalidate such waivers on public‑policy grounds. The Court also affirmed that Lawrence's waiver satisfied both the express‑negligence and fair‑notice requirements, thereby affirming the Court of Appeals' summary‑judgment rulings. Justice Baker, dissenting, argued that the waivers violate the Act's public‑policy objectives and should be held void.