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PORT ELEVATOR-BROWNSVILLE v. CASADOS

No. 10-0523.

358 S.W.3d 238 (2012)

PORT ELEVATOR-BROWNSVILLE, L.L.C., Petitioner, v. Rogelio CASADOS and Rafaela Casados, Individually and as Representatives of the Estate of their Son Rafael Casados, Respondents.

Supreme Court of Texas.

Decided January 27, 2012.

Attorney(s) appearing for the Case

P.M. Schenkkan, Mary A. Keeney, Graves Dougherty Hearon & Moody, P.C., Austin, Thomas F. Nye, Gault, Nye & Quintana, L.L.P., Corpus Christi, Mike Mills and Adriana Hernandez Cardenas, Atlas & Hall, L.L.P., McAllen, for Port Elevator-Brownsville, LLC.

Michael A. Caddell, Cynthia Bodendieck Chapman, Craig C. Marchiando, Caddell & Chapman, Richard D. Daly, Richard Daly Law Firm, Houston, Frank Costilla, Law Offices of Frank Costilla, L.P., Brownsville, Dana B. Levy, 5th Administrative Judicial Region, Corpus Christi and David E. Keltner, Kelly Hart & Hallman, Fort Worth, for Rogelio Casados.

Jay M. Wallace, Gibson McClure & Wallace, Dallas, for Amicus Curiae The American Staffing Association.

Justice GUZMAN delivered the opinion of the Court.

Rafael Casados suffered a fatal, work-related injury while working for two employers that both had workers' compensation coverage. Casados's parents sued one of the employers. The principal issue in this case is whether workers' compensation was the exclusive remedy to Casados's parents, which would bar their suit against Port Elevator. The court of appeals held that the policy at issue did not cover Casados because...

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