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Texas immune from workers comp retaliation suits: Ruling

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AUSTIN, Texas—The state of Texas, including its political subdivisions, is immune from workers compensation retaliation lawsuits, the Texas Supreme Court ruled Friday.

According to the decision in Travis Central Appraisal District vs. Diane Lee Norman, Ms. Norman went to work for the district as a probationary employee in January 2006. She was terminated six months later, shortly after filing a workers compensation claim, and sued for retaliation under Texas’ workers compensation statute.

In its decision, the Texas Supreme Court cited its 1995 ruling in a case in which it held that the governmental immunity of political subdivisions from retaliatory discharge claims under the statute is waived.

However, the Texas Legislature made a number of changes to the Workers Compensation Act in 2005. The Political Subdivisions Law was one of several state Labor Code chapters affected by the changes, and this affects its earlier decision, the state high court ruled.

As a result, Texas and its political subdivisions are immune from workers compensation retaliation claims, the Texas Supreme Court ruled, overturning two lower court decisions and dismissing the case.