P.O. Box 200842
Austin, Texas 78720
(512) 619-8639
Fax (512) 372-1645

Oprima aquí para información en Español "Seguro que hablamos Español” [email protected]

Practice Areas

Our office enjoys handling a wide variety of legal matters including:

  • Commercial / Business litigation (including breach of contract).
  • Mediation services.
  • Complex multi-party litigation.
  • Business and Real Estate Disputes.
  • Construction litigation.
  • Landlord / Tenant disputes.
  • Business torts including fraud and misrepresentation.
  • Personal Injury Litigation.
  • Appellate brief writing and appellate argument.
  • Alternative Dispute Resolution.
  • Medical Malpractice (prosecution and defense).
  • Texas Deceptive Trade Practices Act claims.
  • Negligence.
  • Breach of fiduciary duty.
  • Administrative Law (including representing health care professionals before boards and the State Office of Administrative Hearings “SOAH”).
  • Criminal law defense (federal court).
  • Ad valorem (property) tax disputes.
  • Insurance / Disability disputes and litigation.
  • Real estate title examination and related issues.
  • Real estate contracts and leases.
  • Foreclosures.
  • Will preparation.
  • Creditor's rights.

Arbitration clause covering worker’s compensation claims is enforceable

In Texas workers’ compensation is a state regulated insurance system, which pays medical bills and some lost wages of employees injured on the job.  The majority of private employers in Texas however can choose whether or not they wish to participate (for a cost) in the state’s worker’s compensation system. Employers who choose not to participate are called nonsubscribers.  Nonsubscribers lose several key legal defenses and can face high damage awards if an employee can prove that the employer was negligent.  Odyssey Healthcare, Inc. (a hospice provider) was a nonsubscriber; however Odyssey provided its employees with an Occupational Injury Benefit Plan and employee Guadalupe Morales enrolled in the plan as a condition of her employment.  The plan however contained an arbitration clause.  Ms. Morales while at work, tripped and was injured and sought to sue her employer for negligence.  The employer however claimed that arbitration was required and the Texas Supreme Court in its May 7, 2010 decision in In Re Odyssey Healthcare, Inc., agreed.  The court said in relevant part that an arbitration provision covering statutory claims including worker’s compensation claims is valid so long as the arbitration agreement does not waive substantive rights and remedies of the statute.

Background image courtesy of Akumar