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ETIE v. WALSH & ALBERT CO., LTD.

No. 01-02-01007-CV.

135 S.W.3d 764 (2004)

Sheldon A. ETIE, Appellant v. WALSH & ALBERT COMPANY, LTD. and Walsh & Albert Company, Inc., Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled March 4, 2004.

Attorney(s) appearing for the Case

David J. Fisher, Silsbee, TX, Ernest H. Cannon, Ernest Cannon & Associates, Houston, TX, for Appellant.

Nicholas E. Zito, Ramey, Chandler, McKinley & Zito, P.C., Randall D. Wilkins, Hennessy, Garner & Barth, Houston, TX, for Appellees.

Panel consists of Chief Justice RADACK and Justices KEYES and ALCALA.

OPINION

EVELYN V. KEYES, Justice.

This is an appeal of a summary judgment rendered for appellee, Walsh & Albert Company, Ltd.,1 against appellant, Sheldon A. Etie. As a matter of first impression, we must decide whether, under the Texas Workers' Compensation Act2 (the Act): (1) the statutory employer/employee status given to general contractors who exercise an option to provide workers' compensation...

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