A non-subscriber for compensation from Texas workers must pay nearly $ 1 million to a worker who said he was injured at work by a forklift.
I Load Trail LLC v Julian Texas Court of Appeals. , The sixth district of Texarkana on Thursday confirmed a trial court that upheld an arbitration award that the employer negligently failed to provide a safe workplace.
Joseph Julian worked for Sumner, Texas-based trailer manufacturer Load Trail LLC. In May 2017, Julian was injured when he was hit on the ground by another worker transporting a metal wall on a forklift. The wall, which fell from the forklift, struck Mr. Julian on the right side of his rear shoulder.
After the incident, he went home and later sought medical treatment and underwent lumbar spine surgery. He said he also suffered from neck pain from the accident which prevented him from playing with his children and resuming manual labor. In July, he was terminated for an unauthorized hospital visit and submitted a false claim and unauthorized leave of absence the next working day after the accident.
He sued Load Trail, a non-subscriber to the Texas Compensation Scheme, for negligence and asked for damages of more than $ 1
Load Trail moved to leave the award, but a trial court upheld the verdict and the company appealed.
The Court of Appeal upheld the Court's decision. Although Load Trail claimed that the arbitrator showed "clear bias" in the proceedings and pressured the company to settle with Mr. Julian, the court did not agree and argued that Load Trail "failed to raise any objections to what it perceived to be the actual bias of the arbitrators." During the proceedings. Although no exception had been made, the court said, the company failed to establish specific facts that would allow a reasonable person to conclude that the arbitrator was partial to Mr. Julian.