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SKILLED CRAFTSMEN OF TEXAS, INC. v. TEXAS WORKERS' COMP. COM'N

No. 03-04-00073-CV.

158 S.W.3d 89 (2005)

SKILLED CRAFTSMEN OF TEXAS, INC., Appellant, v. TEXAS WORKERS' COMPENSATION COMMISSION and Richard F. Reynolds, Executive Director, Appellees.

Court of Appeals of Texas, Austin.

February 3, 2005.

Attorney(s) appearing for the Case

Jane Lipscomb Stone, Erin Hacker Shanley, Stone, Loughlin & Swanson, LLP, Austin, for appellant.

Brenda E. Brockner, Don Walker, Assistant Attorneys General, Administrative Law Division, Austin, for appellees.

Before Chief Justice LAW, Justices B.A. SMITH and PEMBERTON.

OPINION

BEA ANN SMITH, Justice.

The issue in this case is whether portions of the Texas Hazardous Employer Program (the Program) that call for the designation of hazardous private employers are preempted by the federal Occupational Safety and Health Act (OSH Act). Appellant, Skilled Craftsmen, argues that the Program is preempted because it allows appellee, Texas Workers' Compensation Commission (the Commission), to implicitly regulate occupational...

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