Labor and Employment
Tex. Life, Accident Health & Hosp. Serv. Ins. Guar. Ass’n v. Gaylord Entm’t Co., 105 F.3d 210 (5th Cir. 1997). (Assignment of Rights)
A guaranty association does not have derivative standing to sue reckless pension plan administrators for breach of fiduciary duty because the Guaranty Act does not “expressly and knowingly” assign the right. While assignment is not invalid per se, the assignment provision of the Act is pre-empted by the ERISA provision, which requires that such assignments be “expressly and knowingly” made.
Guillot v. Hix, 838 S.W.2d 230 (Tex. 1992). (Statute of Limitations)
A worker’s compensation carrier’s subrogation claim is a derivative of the injured party’s rights, and therefore accrues at the same time as the employee’s action against the third party. If the employee brings an action within the two years after accrual, the running of limitations is tolled as to the carrier, and the carrier may intervene in that action at any time. (This represents a change in policy after an amended law that no longer requires an injured employee to wait until the right to worker’s compensation is established before asserting a claim against the third-party).
Hix v. Guillot, 812 SW.2d 400 (Tex. App.—Houston [14th Dist.] 1991, writ granted), aff’d, Guillot v. Hix, 838 S.W.2d 230 (Tex. 1992). (Statute of Limitations)
The statute of limitations on an injured worker's third-party claim begins to run on the date of the injury. The compensation carrier assumes a duty to pay benefits to an injured worker when it makes an initial payment and continues to make periodic payments thereafter.
Kyle v. West Gulf Mar. Ass’n, 792 S.W.2d 805 (Tex. App.—Houston [14th Dist.] 1990, no writ). (Union Negotiations)
A union member’s claim that the union renegotiated his contract with the employer without consent, approval, or ratification of union membership is governed by Labor Management Relations Act, including its six-month limitation period, rather than state statute of limitations for contract actions.
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