If you’ve discussed key opinions with anyone seeking to uphold arbitration in Texas in recent years, you’ve likely heard the word "Kmart" followed by a guttural groan. That same groan grew louder with the word "Aerotek."
The facts of those cases were essentially the same. Defendant Employer seeks to compel arbitration in the trial court. Plaintiff Employee objects to arbitration and signs a sworn affidavit claiming he never saw, reviewed or signed the electronic arbitration agreement. Employer shows up to evidentiary hearing with electronic records demonstrating that a person with identification unique to the employee indeed signed the electronic arbitration agreement. Trial court "weighs" the evidence, sides with the employee, and denies the motion to compel arbitration. Appellate court rubber stamps the decision, finding that the trial court did not abuse its discretion when resolving fact issue in favor of employee.
Thanks to the Texas Supreme Court, we are no longer groaning. The impact of the decision can not be overstated, and the court unquestionably got this one right. Based on this decision, PartnerSource offers best practices to incorporate into your Texas Option programs.
A wise person once said, “The only GOOD claim is a closed claim.” Successful Texas work injury programs take this wisdom even further to say, “The only GOOD claim is the one that never occurs!” This month, we highlight a case study illustrating how PartnerSource can help clients understand patterns and causes of work injuries and help devise a plan to mitigate future losses.
While working from home is not new, COVID-19 put the practice of remote work in a new light. Does claims analysis differ for those involving remote workers? Have employer policies kept up? What is OSHA’s take?
In case you missed this PartnerSource webinar, Remote Worker Injuries: Coverage Analysis, Risk Minimization, and Employer Responsibilities led by Julie M. Lambeth, J.D., executive vice president of PartnerSource, and Janet A. Hendrick, J.D., shareholder of Phillips Murrah, click here to listen as they discuss work from home as a reasonable accommodation, key remote work considerations, policies and best practices.
PARTNERSOURCE NEWS & EVENTS
PartnerSource is participating in the Let’s Roll Toilet Paper Challenge, an initiative to help Metrocrest Services supply toilet paper for those in need. Please help us reach our goal of 500 rolls!
We all now have first-hand knowledge of what a precious commodity toilet paper can be. But for many (particularly seniors), on a regular basis, it’s a choice between purchasing toilet paper, or food, or paying an electricity bill. No one should have to make this choice!
Please donate by August 20. PartnerSource will deliver toilet paper to Metrocrest Services in advance of National Toilet Paper Day, and additional toilet paper will be purchased with monetary donations. We appreciate your support.
PartnerSource Employers’ Conference 2021: Super Heroes for Super Outcomes on September 30th!!!
The best conference you will attend all year is headed this way September 30 from the comfort of your computer, and we have a super topic to announce!
Don’t miss Dr. Melissa Tonn, president of OccMD, and Brian Allen, vice president of government affairs for Mitchell, discuss Improving Surgical Outcomes: Fighting the Kryptonite Found Within. In this session, they will review case studies of injured workers with significant comorbidities who participated in a groundbreaking, cutting-edge program. Using data, they will illustrate that a targeted patient advocacy program can significantly improve surgical outcomes. Through telephonic consulting, routine check-ins and online educational materials, injured workers can eradicate their own Kryptonite to achieve super results!
Don’t miss the deal: Register today. Click here to save $50 before the early bird deadline.
She was working remotely many years before it was common, is committed to broadening her culinary horizons, and finds herself completely at home with numbers and data. Meet PartnerSource Senior Business Analyst Helen Wolford.
