Exclusive Remedy Defense – Affirmed

  • Trahan v. Premcor
    • 09-17-00005-CV, 2018 WL 3887634
    • 58th District Court of Jefferson County
    • Justice Kreger, Aug. 16, 2018
  • Trahan sustained on-the-job injury at the Valero Port Arthur facility and sued Premcor.
  • Premcor filed a motion for summary judgment based on the exclusive remedy provisions under Texas Workers’ Compensation Act. Trahan argued that she was an employee of Valero, not Premcor, and that Premcor did not have workers’ compensation insurance in its own name.
  • In conjunction with the TWCA’s definition of “employer,” the Ninth Court observed that Premcor is a wholly-owned subsidiary of Valero Energy Corporation, a holding company with no employees; Valero Services, Inc. is another wholly-owned subsidiary of Valero Energy Corporation that provides payroll services to Premcor; and that Premcor owns and operates the Valero Port Arthur Refinery. Thus, the Court held that Premcor is an employer under the TWCA.
  • Valero produced workers’ compensation coverage for entities under its umbrella, including its subsidiaries. Therefore, Premcor was entitled to the exclusive remedy defense under the TWCA.