Blazik v. Foley's, Inc
In Blazik v. Foley's, Inc., No. 01-96-01140-CV, 1998 WL 788848 (Tex. App.--Houston 1st Dist. Nov. 12, 1998, no pet.) (op. on reh'g), Foley's presented the affidavit of its director of risk and environmental management, Jim Giese.
Giese attested that during the time that Foley's employed Blazik, Foley's had workers' compensation insurance and was a subscriber under the Act. Id.
After the trial court granted summary judgment for Foley's, Blazik contended on appeal that Giese's affidavit alone was insufficient to prove the existence of a workers' compensation insurance policy.
The court of appeals disagreed and held that Giese's affidavit was sufficient to carry Foley's burden to establish that it was a subscriber. Id.