Ben Robinson Co. v. Texas Workers' Compensation Commission

In Ben Robinson Co. v. Texas Workers' Compensation Commission, 934 S.W.2d 149, 153 (Tex. App.--Austin 1996, writ denied), the Ben Robinson Company argued that the Occupational Safety and Health Act preempts the Extra-Hazardous Employer Program, thereby challenging the constitutionality of a portion of the Workers' Compensation program. Id. at 151. In arguing that the case should be dismissed, the Texas Workers' Compensation Commission invoked the redundant remedies doctrine, contending that the APA provided a method--and, therefore, the exclusive remedy--for attacking the Commission's order. Id. at 153. The Court disagreed, finding that the Company's declaratory-judgment action was directed, not at the agency order, but at the constitutionality of an entire program. Id.