Entergy vs. Summers
TTLA, through its Amicus Committee, has filed a brief in Entergy v. Summers, No. 05-0272, in the Supreme Court of Texas. The Labor Code allows general contractors, if they meet certain requirements, to be treated as statutory employers for purposes of the comp bar. Entergy has asked the court to expand the definition of "general contractor" to include premises owners, even though premises owners are not enumerated in the statute. Though the First Court of Appeals's Etie decision (the Supreme Court denied review of it) is not directly implicated in Summers, many of the same policy issues are involved.
The case was argued last week, and the brief is intended to address specific concerns raised by the justices at oral argument. As usual, I caution that it is not a compendium of all possible arguments that might be raised when the issue recurs in a lower court.
Feel free to call or email if you have any questions or comments.
Peter M. Kelly
Moore & Kelly, P.C.
1005 Heights Boulevard
Houston, Texas 77008