Darensburg v. Tobey

In Darensburg v. Tobey, 887 S.W.2d 84, 87 (Tex. App.--Dallas 1994, writ denied), an employee's on-the-job injury was aggravated after being misdiagnosed by the medical director of his employer's on-site health facility. See 887 S.W.2d at 85-86. The court of appeals held that the exclusive-remedy provision barred his suit for the aggravation injury. See Darensburg, 887 S.W.2d at 90. Payne attempts to distinguish Darensburg, claiming that the employee there was treated at a company facility not open to the general public by a doctor authorized to treat only company employees, while the hospital pharmacy was available to any patient or employee. See Darensburg, 887 S.W.2d at 85, 87.