More Than Fifty-Percent Negligence by Employees
In Texas Workers' Compensation Commission v. Garcia, 893 S.W.2d 504 (Tex. 1995), the Court considered an open-courts challenge to the Texas Workers' Compensation Act. Id. at 520.
The petitioner alleged that the Act was an inadequate substitute for a claimant's common-law remedy. See id.
In considering this allegation, we compared the current statute to the available common-law remedies, not to the previous statute. See id. at 521.
The Court recognized that under the common law, an injured employee cannot recover if he or she is more than fifty-percent negligent. See id.