Finding that the plaintiff had signed a waiver under Labor Code § 406.033, the trial court dismissed her suit against her employer. The waiver was entered into at least 10 business days from the date of the initial report of injury; the plaintiff received a medical evaluation from a nonemergency care doctor before signing the waiver; the waiver was conspicuous; and assuming without deciding that the express negligence doctrine applies, it is here satisfied. The trial court's judgment is affirmed. Amarillo Court of Appeals, No. 07-11-00245-CV, 05-31-2013.
Gunn v. Baptist/St. Anthony's Health Network
Tex. App. Dist. 7
June 7, 2013