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Anthony Berry, an employee of Gregg Industrial Services, Inc., was injured on September 30, 1991, while a passenger in a company vehicle struck from the rear by another company vehicle driven by a co-worker, Rusty Coleman. All parties were returning from lunch at a worksite. Berry claimed and received workers' compensation benefits but later filed a negligence suit against his employer and co-workers, and an alternative intentional tort claim against Coleman. The trial court granted summary judgment, finding Berry was in the course and scope of employment and thus workers' compensation was his exclusive remedy, and his acceptance of benefits waived his right to sue for intentional tort. The appellate court affirmed, holding that an injury during a lunch break while returning to the worksite in a company vehicle is compensable as a matter of law, and that by claiming and collecting workers' compensation benefits, Berry waived his right to pursue common law or intentional tort actions against his employer and fellow employees.
Berry v. Gregg Industrial Services, Inc. is a workers' compensation case decided in Court of Appeals of Texas. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Court of Appeals of Texas.
Full Decision Text1 Pages
Anthony Berry, an employee of Gregg Industrial Services, Inc., was injured on September 30, 1991, while a passenger in a company vehicle struck from the rear by another company vehicle driven by a co-worker, Rusty Coleman. All parties were returning from lunch at a worksite. Berry claimed and received workers' compensation benefits but later filed a negligence suit against his employer and co-workers, and an alternative intentional tort claim against Coleman. The trial court granted summary judgment, finding Berry was in the course and scope of employment and thus workers' compensation was his exclusive remedy, and his acceptance of benefits waived his right to sue for intentional tort. The appellate court affirmed, holding that an injury during a lunch break while returning to the worksite in a company vehicle is compensable as a matter of law, and that by claiming and collecting workers' compensation benefits, Berry waived his right to pursue common law or intentional tort actions against his employer and fellow employees.
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