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Beatrice Duhon, a physical therapy technician, appealed a summary judgment granted to her employer, Bone & Joint Physical Therapy Clinics, in a suit alleging retaliatory termination in violation of the Texas anti-retaliation statute. Duhon reported an on-the-job injury and subsequently filed a workers' compensation claim after her termination. The Clinic argued she was terminated to hire a licensed physical therapist. The appellate court held that informing the employer of an injury sufficiently invokes statutory protection and found Duhon presented sufficient direct and circumstantial evidence to create a fact issue regarding the causal link between her reported injury and termination. Therefore, the summary judgment was reversed, and the case was remanded to the trial court for further proceedings.
Duhon v. Bone & Joint Physical Therapy Clinics is a workers' compensation case decided in Texas Court of Appeals, 9th District (Beaumont). 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 Texas Court of Appeals, 9th District (Beaumont).
Full Decision Text1 Pages
Beatrice Duhon, a physical therapy technician, appealed a summary judgment granted to her employer, Bone & Joint Physical Therapy Clinics, in a suit alleging retaliatory termination in violation of the Texas anti-retaliation statute. Duhon reported an on-the-job injury and subsequently filed a workers' compensation claim after her termination. The Clinic argued she was terminated to hire a licensed physical therapist. The appellate court held that informing the employer of an injury sufficiently invokes statutory protection and found Duhon presented sufficient direct and circumstantial evidence to create a fact issue regarding the causal link between her reported injury and termination. Therefore, the summary judgment was reversed, and the case was remanded to the trial court for further proceedings.
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