$8.7 Million Award Overturned by Texas Appeals Court
The Tenth Court of Appeals reversed the $8.7 million award after Tractor Supply Company of Texas appealed a lower court’s decision. The appeals court ruled that Kenneth Edd McGowan, who was paralyzed in the accident, would receive nothing. McGowan was employed by TSC through a staff leasing service. The Southeast Texas Record has the story.
Although Tractor Supply of Texas is a non-subscriber to Texas worker’s compensation insurance, the court’s decision continued, “We find that Tractor Supply established that it is covered by workers’ compensation insurance coverage for the injury sustained by McGowan.”
After ruling that Tractor Supply was covered by workers’ compensation insurance through the temporary agency, the court stated that the company was entitled to the defense set out in Chapter 408 of the Texas Labor Code. Due to the provisions of Chapter 408, McGowan was not entitled to recover damages from Tractor Supply.
Before the case went to trial, Tractor Supply Company, the parent company of Tractor Supply Company of Texas, settled for $3.5 million.
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