A Texas appeals court reversed a $43 million injury award for a man whose leg was amputated in an industrial accident, saying his injuries were covered under workers’ compensation. According to a WorkersCompensation.com report, in 2013, Tyler Lee was a superintendent for a general contractor on a construction site in Houston. Berkel & Company Contractors Inc. was one of the subcontractors on the site. One of Berkel & Co.’s superintendents, Chris Miller, ordered crane operators to maneuver to free stuck equipment, despite safety concerns from others on the site.
While Lee received workers’ compensation through his employer, New Jersey-based Skanska USA Building Inc., he sued Berkel in Texas for negligence, gross negligence and intentional injury. In 2015, a jury ruled in Lee’s favor and awarded him $35 million in actual damages and $8.5 million in damages for gross negligence. The appeals court overturned the decision and reversed the award, finding that workers’ compensation was Lee’s exclusive remedy because Skanska provided comp for its subs and Lee and Miller had a similar statutory employment situation.
Read more via WCI 360 here.