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SILSBEE HOSP., INC. v. GEORGE

No. 09-04-368-CV.

163 S.W.3d 284 (2005)

SILSBEE HOSPITAL, INC. d/b/a Columbia Silsbee Doctors Hospital, Appellant, v. Lonny GEORGE, Appellee.

Court of Appeals of Texas, Beaumont.

Decided April 28, 2005.

Attorney(s) appearing for the Case

Travis R. Brewer, Law Office of Travis R. Brewer, Austin, Darrin M. Walker, Law Office of Darrin Walker, Kingwood, for appellant.

Curtis W. Leister, John Werner, Reaud, Morgan & Quinn, LLP, Beaumont, for appellee.

Before GAULTNEY, KREGER and HORTON, JJ.

OPINION

HOLLIS HORTON, Justice.

In this case, an employee of a nonsubscriber to workers' compensation insurance voluntarily elected to participate in an employee benefit plan that provided specified benefits in lieu of a common law remedy. The employer, Silsbee Hospital, Inc. d/b/a Columbia Silsbee Doctors Hospital, contends that under the employee benefit plan the employee, Lonny George, waived his common law rights to sue for personal injuries. The Hospital...

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