If your Workers' Compensation carrier wrongly criminally prosecutes you for Insurance Fraud the Texas Supreme Court says you have no remedy

03 Mar 2015

Glen Johnson was horribly burned in a smelter explosion. As part of his rehab he was given a membership to a gym to help with his injuries. The gym had swipe cards but because of Johnson's injuries the gym employees did not make him use the swipe card but simply opened the gate for him. The insurance company found there were no swipes and wrongfully criminally prosecuted Johnson and his wife for insurance fraud. The Texas Supreme Court held that there was no cause of action against the insurance company leaving Johnson without a remedy for being wrongfully prosecuted. Again we can see the power of insurance companies on the states highest Courts. In recent years insurance companies and business have contributed huge sums of money to Judges running for the Texas Supreme Court. It seems clear that there contributions are paying huge dividends and this case is just another example of the sad state of the law for fired and injured workers in Texas. For my El Paso, Texas clients when they have problems with workers' compensation it is hard for them to understand the unfairness of the legal political system. It is almost incomprehensible to them. Even the most conservative individuals have a hard time understanding these types of cases. The only hope is that the U.S. Supreme Court members will change over time and will again allow spending limits in elections. For now our countries elected judicial system seems to be owned by industry. If you want change you need to vote in the judicial races and to rid our self of Judges who are owned by industry . Fortunately for my clients in Las Cruces New Mexico and Sourthern New Mexico (Deming and Lordsburg) they do still have some legal rights.


Roger Davie P.C. El Paso's Board Certified Personal / Work Injury, Wrongful Termination, Workers' Compensation and Employment Lawyer. Free Consultation.