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The Entergy rehearing: The good news and the bad news…and more bad news

October 17th, 2008

Yesterday, the Texas Supreme Court held a very rare rehearing on a case they had already decided, Entergy v Summers. If you remember this was a case where the Texas Supreme Court ruled that contract employees couldn’t sue the company that owns a work site because of a workers comp law that said employees couldn’t sue their employer for a workplace injury. This decision wasn’t surprising since the court rules for big corporations and insurance companies 87% of the time.

Democratic and Republican legislators both said the court got the ruling wrong. They argued that the intent of the workers comp law was not to shield employers from liability from contract employees. They argued that the workers comp law only applied to actual employees of a company.

The good news is that the court agreed to this rare rehearing. The first bit of bad news is that they didn’t allow the legislators to address the court. That’s right, they held the rehearing largely because of legislative pressure, but didn’t want to hear what the legislators had to say. Heaven forbid the lawmakers tell the court what the intent of the law was supposed to be.

The other bad news is that all we can do now is hurry up and wait. The Texas Supreme Court is notorious for their slow pace of work. It isn’t unusual for cases to be heard orally and then years will pass before an opinion is issued. Something tells me they won’t be in a hurry to change one of their own decisions that would end up helping Texas workers. Set your alarm clock only if you can program in a date that is years away.

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