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 affirmed summary judgments for employers, holding that the Workers' Compensation Act does not prohibit voluntary pre‑injury elections to participate in nonsubscriber benefit plans, that such waivers are not void on public‑policy grounds, and that the waivers satisfy the express‑negligence and fair‑notice requirements. Justice Baker dissented, arguing the waivers should be void as contrary to the Act's public policy.