Texas Industrial Contractors, Inc. v. Ammean

In Texas Industrial Contractors, Inc. v. Ammean. 18 S.W.3d 828 (Tex. App.--Beaumont 2000, pet. dism'd by agr.), Richard J. Ammean was hired by Texas Industrial Contractors, but assigned to work at Bayer Corporation. Id. at 831. Ammean was injured at Bayer's facility and later filed and received workers' compensation benefits from Texas Industrial Contractors' carrier. Ammean maintained that Bayer was his "employer" for workers' compensation purposes because Bayer controlled his work, thus, Texas Industrial Contractors was not immune from his suit for negligence. Not knowing if he was correct in his assessment, Ammean also brought a negligence action against Bayer. In deciding which entity qualified as Ammean's employer, the court stated: When a worker is hired by one company that has contracted to do work for another, that company has a workers' compensation policy, and the worker receives benefits under that policy following an award by the Texas Workers' Compensation Commission, the worker's common law claim against that company is barred by the Act's exclusive remedy provision, even if control over the details of the work is in the hands of the other company with which that company has contracted. Id.