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Texas Mutual Insurance Co. v. Morris

An employee sued his employer's workers' compensation insurer for damages caused by its delay in paying benefits. Ruttiger forecloses the employee's claims. The court of appeals' judgment is reversed and rendered. Texas Supreme Court, No. 09-0495, 10-26-2012.

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Lance Morris injured his back while working and his employer’s workers’ compensation insurer, Texas Mutual Insurance Company (TMIC), accepted the injury as compensable. Three years later when it was discovered that Morris had herniated lumbar intervertebral discs, TMIC disputed whether they were causally related to the original injury. The Texas Department of Insurance Division of Workers’ Compensation (the division) determined that the disc herniations were related to the original injury and ordered TMIC to pay medical benefits, which it did. Morris later sued TMIC for damages caused by its delay in paying benefits. The trial court rendered judgment for Morris, and the court of appeals affirmed. Based on our recent decision in Texas Mutual Insurance Co. v. Ruttiger, ___ S.W.3d ___ (Tex. 2012), we reverse and render judgment for TMIC.

On June 12, 2000, Morris injured his back while working for the Justin Community Volunteer Fire Department. The Fire Department reported to TMIC that Morris had strained his back while working. TMIC accepted the injury as compensable and paid benefits. In March of 2003, Morris went to a hospital emergency room with severe back pain and was diagnosed as having herniated lumbar discs. On April 1, 2003, Dr. Charles Neblett requested TMIC to preauthorize lumbar laminectomy surgery to treat the herniated discs. TMIC approved the surgery as medically necessary, see 28 TEX. ADMIN. CODE § 134.600, but later disputed its compensability on the basis that the herniated discs were not causally related to the March 2000 injury.

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