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Also at issue in Entergy Gulf States Inc. vs. John Summers may be Texas' unique Workers' Compensation system, which
grants immunity from lawsuits to employers but guarantees medical costs and lost wages from injury by the state to
employees. Employers may opt in or out of participation.
Immunity did not extend to non-participants or employers of contract workers until a Texas Supreme Court ruling in
August 2007.
Rick Levy, general counsel for the Texas AFL-CIO, said the result was that work site owners get a "double bite at the
apple" under the court's initial ruling, which allows them not to pay for the insurance but to still have immunity
protection, the Austin (Texas) American-Statesman reported Thursday.
The expansion of lawsuit protection resulted in enough political and legal criticism for the court to agree to an
October rehearing of the Entergy case. Both Republican and Democratic legislators had threatened to take action to
restore what they saw as a threat to undermine the entire unemployment compensation system.
To read this decision: Entergy Gulf States, Inc. vs John Summers.
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