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BECON CONST. CO., INC. v. ALONSO

No. 09-13-00295-CV.

444 S.W.3d 824 (2014)

BECON CONSTRUCTION COMPANY, INC. and Bechtel Equipment Operations, Inc., Appellants, v. Jose ALONSO, Miguel Betancourt, Jose Rodriguez, Luis Guajardo, Alejandro Salinas, and Ricardo Salinas Jr., Appellees.

Court of Appeals of Texas, Beaumont.

Decided September 25, 2014.

Attorney(s) appearing for the Case

R. Russell Hollenbeck , Bradley W. Snead , Wright & Close, LLP, Houston, Nicholas S. Baldo , Stevens Baldo Freeman & Lighty, LLP, Beaumont, for Appellants.

Richard P. Hogan Jr. , Jennifer Bruch Hogan , Hogan & Hogan, Houston, Robert E. Ammons , Bennett A. Midlo , The Amnions Law Firm, Houston, Kenneth W. Lewis , Bush Lewis, PLLC, Beaumont, for Appellees.

Before McKEITHEN, C.J., KREGER and HORTON, JJ.

OPINION

HOLLIS HORTON, Justice.

In this permissive appeal, we address whether the exclusive remedy defense provided by the Texas Workers' Compensation Act applies on a worksite that was subject to a contractor-controlled insurance program. See Tex. Lab.Code Ann. §§ 406.123, 408.001 (West 2006). Because the summary-judgment proof of the appellants, who were subcontractors on the site, established that they were entitled to rely on the exclusive...

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