HCBeck, Ltd. v. Rice

284 S.W.3d 349, 52 Tex. Sup. Ct. J. 555, 2009 Tex. LEXIS 120, 2009 WL 886160
CourtTexas Supreme Court
DecidedApril 3, 2009
Docket06-0418
StatusPublished
Cited by123 cases

This text of 284 S.W.3d 349 (HCBeck, Ltd. v. Rice) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
HCBeck, Ltd. v. Rice, 284 S.W.3d 349, 52 Tex. Sup. Ct. J. 555, 2009 Tex. LEXIS 120, 2009 WL 886160 (Tex. 2009).

Opinions

Justice GREEN

delivered the opinion of the Court,

in which Chief Justice JEFFERSON, Justice HECHT, Justice WAINWRIGHT, and Justice BRISTER joined, and in Parts I, II, III, IV, V, and VII of which Justice WILLETT joined.

The purpose of the Texas Workers’ Compensation Act is to provide employees with certainty that their medical bills and lost wages will be covered if they are injured. An employee benefits from workers’ compensation insurance because it saves the time and litigation expense inherent in proving fault in a common law tort claim. But a subscribing employer also receives a benefit because it is then entitled to assert the statutory exclusive remedy defense against the tort claims of its employees for job related injuries. This exclusive remedy defense provided to subscribing employers is also afforded to a general contractor if, pursuant to a written agreement, it “provides” workers’ compensation insurance coverage to the subcontractor and its employees. See Tex. Lab. Code §§ 406.123(a), 408.001(a).

In this case, we consider the extent to which a general contractor must “provide” workers’ compensation insurance under the Act to qualify for statutory employer status and the resulting immunity from the work-related claims of a subcontractor’s employees. See Tex. Lab.Code §§ 406.123(a), 408.001(a). The court of appeals held that a general contractor does not “provide” coverage in the manner contemplated by section 406.123(a) when its written agreement with the subcontractor requires only that the subcontractor enroll in the site owner’s workers’ compensation insurance plan. 284 S.W.3d 361. We disagree. A general workplace insurance plan that binds a general contractor to provide workers’ compensation insurance for its subcontractors and its subcontractors’ employees achieves the Legislature’s objective to ensure that the subcontractors’ employees receive the benefit of workers’ compensation insurance. Accordingly, we reverse the court of appeals’ judgment.

I

FMR Texas Ltd. (FMR) contracted with HCBeck, Ltd. to construct an office campus on FMR’s property. One of the features of this contract (the Construction Management Agreement, or the Agreement) was a workers’ compensation insurance plan provided by FMR that covered the work site. The Agreement required this insurance plan, part of an owner controlled insurance program (OCIP), together with its corresponding OCIP Handbook, to be incorporated into all construction contracts entered into by HCBeck with any subcontractors. The Agreement described the manner in which FMR would provide insurance on the project:

Prior to commencement of the Work, the Owner [FMR], at its option and cost, may secure and thereafter, except as otherwise provided herein, maintain at all times during the performance of this Agreement [workers’ compensation insurance] ... with the Owner, the Construction Manager [HCBeck], subcontractors, and such other persons or interests as the owner may name as insured parties....

HCBeck and all subcontractors working on the project were required to enroll in the OCIP. As each contractor enrolled in the OCIP, FMR’s insurance representative would designate the contractor “insured” for workers’ compensation and other insur-[351]*351anee coverage, and an individual policy would be issued in the enrolled contractor’s name. The Agreement permitted FMR to terminate or modify the OCIP at any time. But in the event FMR decided to terminate the OCIP, an alternate insurance provision in the Agreement required HCBeck to secure, at FMR’s cost, other insurance covering itself and all subcontractors and employees at the same level as the workers’ compensation coverage required in the OCIP.

Pursuant to the terms of the OCIP, FMR purchased workers’ compensation insurance to cover the construction project and paid the premiums. Meanwhile, HCBeck entered into a subcontract with Haley Greer. The subcontract recognized that the project was covered by FMR’s OCIP and further incorporated the insurance provisions contained in FMR’s original contract with HCBeck. As mandated by the original contract, the subcontract required that Haley Greer apply for and enroll in FMR’s OCIP. Haley Greer then enrolled in the OCIP, and a separate workers’ compensation insurance policy was issued in Haley Greer’s name.

Charles Rice, Haley Greer’s employee, was injured while working on the construction project. Rice made claim upon and received workers’ compensation benefits under the policy issued to Haley Greer pursuant to FMR’s OCIP. He then filed a negligence suit against HCBeck. HCBeck moved for summary judgment claiming that its original contract with FMR specified that FMR’s OCIP “shall” apply to all work at the project performed by HCBeck and subcontractors and, but for HCBeck’s subcontract with Haley Greer, Rice would not be working on a project that contractually provided workers’ compensation insurance covering Haley Greer’s employees. HCBeck therefore maintained that it “provided” workers’ compensation insurance to Haley Greer as permitted by section 406.123(a) of the Act, and consequently was a statutory employer entitled to immunity from common law liability claims brought by Haley Greer’s employees. See Tex. Lab.Code § 406.123(e). HCBeck argued that Rice’s exclusive remedy should be the workers’ compensation benefits already received. See id. § 408.001(a). Rice, on the other hand, contended that the subcontract between HCBeck and Haley Greer obligated Haley Greer — not HCBeck — to provide its own coverage in the event that FMR terminated its OCIP. Since the workers’ compensation insurance for Haley Greer’s employees came at no cost to HCBeck, Rice argued that HCBeck did not “provide” insurance and was therefore not qualified under the Act as a statutory employer entitled to the exclusive remedy defense.

The trial court granted HCBeck’s motion for summary judgment and denied Rice’s reciprocal cross-motion for partial summary judgment. The court of appeals, however, held that “HCBeck’s contract with Haley Greer — which simply incorporated FMR’s OCIP into the subcontract under the direct order of FMR in its contract with HCBeck — is insufficient to constitute ‘providing’ workers’ compensation insurance to Haley Greer.” 284 S.W.3d at 384, 2006 WL 908761 at *4. HCBeck petitioned this Court on the question of whether, through its contractual arrangements with FMR and Haley Greer, it “provided” insurance to Haley Greer so as to qualify for immunity from common law liability claims. See Tex. Lab.Code §§ 406.123(a), 408.001(a). We hold that HCBeck “provides” workers’ compensation insurance under the Act because the insurance plan incorporated into both its upstream contract with FMR and its downstream subcontract with Haley Greer included workers’ compensation coverage to Haley Greer’s employees, and because the con[352]*352tracts specify that HCBeck is ultimately responsible for obtaining alternate workers’ compensation insurance in the event FMR terminated the OCIP. Accordingly, we conclude that HCBeck is Rice’s statutory employer under section 406.123(e), and Rice’s exclusive remedy is the workers’ compensation benefits he has already received. Id. § 408.001(a).

II

We review a trial court’s summary judgment de novo. Valence Operating Co. v. Dorsett, 164 S.W.3d 656, 661 (Tex.2005).

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Cite This Page — Counsel Stack

Bluebook (online)
284 S.W.3d 349, 52 Tex. Sup. Ct. J. 555, 2009 Tex. LEXIS 120, 2009 WL 886160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hcbeck-ltd-v-rice-tex-2009.