Texas Supreme Court
Storage & Processors, Inc. and Leonel Guerrero, Petitioners v. Ramon Reyes, Respondent
April 2, 200447 Tex. Sup. Ct. J. 405
Summary
The Texas Supreme Court held that an employer must satisfy the fair‑notice requirements of the express‑negligence doctrine and conspicuousness when enrolling employees in a non‑subscriber workers’ compensation benefits plan, affirmed the Court of Appeals' judgment and remanded for further fact‑finding on actual knowledge. The decision relied on Lawrence and extended the fair‑notice doctrine to these plans despite less than total risk‑shifting. Justice Schneider filed a concurring opinion agreeing with the holding and adding a public‑policy justification based on worker sophistication.