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Barnes v. United Parcel Service Inc.

An employee died on the job while working for United Parcel Services Inc. The plaintiff sued, alleging negligence after the employee's injury was determined to be non-compensable for workers' compensation purposes. The trial court granted summary judgment against the plaintiff on the grounds of res judicata and collateral estoppel. A claim by the surviving spouse or heirs of a deceased employee for exemplary damages based on the employer's gross negligence cannot be remedied through the administrative process established by the Texas Workers' Compensation Act. The causation burden under Texas Labor Code §408.008 involves different questions from those in a gross negligence suit. The trial court's judgment is reversed and remanded. Houston's 1st Court of Appeals, No. 01-09-00648-CV, 01-12-2012.

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OPINION ON REHEARING

Appellee United Parcel Services, Inc. filed a motion for rehearing of our opinion issued on June 23, 2011. Appellant Terrica Barnes filed a response. We grant rehearing and withdraw our opinion and judgment of June 23, 2011, issuing the following in their stead. See TEX. R. APP. P. 19.1(b). Our disposition of the appeal remains unchanged.

Nathaniel Cooper suffered a heart attack and died on the job while employed by United Parcel Services, Inc. A workers’ compensation claim was filed by Cooper’s fiancee, Terrica Barnes, on behalf of their son, Kainan. After Cooper’s injury was determined to be not compensable for purposes of workers’ compensation, Barnes filed suit against UPS, alleging gross negligence. UPS contends that the claim is barred by res judicata and collateral estoppel, and the trial court granted summary judgment against Barnes on those grounds. Because we conclude that the issues decided by the Department of Workers’ Compensation are not identical to those presented in this action for gross negligence, we reverse and remand for further proceedings.

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