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This order addresses a motion to remand a case concerning a plaintiff's alleged wrongful discharge after filing a work-related injury claim under Tex.Rev.Civ.Stat.Ann. article 8307c. The defendant, Kroger, contested the applicability of article 8307c due to its non-subscriber status to the Texas Worker’s Compensation Act. However, the Court ruled that article 8307c applies to any worker, irrespective of the employer's subscription to the Act. Citing 28 U.S.C. § 1445(c) and relevant precedents, the Court determined that actions under article 8307c fall under Texas workers' compensation laws and are thus more suitable for state court jurisdiction. Consequently, the Court vacated its previous order denying the motion and remanded the case to the 17th District Court of Tarrant County, Texas.
Keyser v. Kroger Company is a workers' compensation case decided in District Court, N.D. 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 District Court, N.D. Texas.
Full Decision Text1 Pages
This order addresses a motion to remand a case concerning a plaintiff's alleged wrongful discharge after filing a work-related injury claim under Tex.Rev.Civ.Stat.Ann. article 8307c. The defendant, Kroger, contested the applicability of article 8307c due to its non-subscriber status to the Texas Worker’s Compensation Act. However, the Court ruled that article 8307c applies to any worker, irrespective of the employer's subscription to the Act. Citing 28 U.S.C. § 1445(c) and relevant precedents, the Court determined that actions under article 8307c fall under Texas workers' compensation laws and are thus more suitable for state court jurisdiction. Consequently, the Court vacated its previous order denying the motion and remanded the case to the 17th District Court of Tarrant County, Texas.
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