Court Case Summary Kroger Co. v. Keng
MLF LEGAL IS A
NO-WIN NO FEE LAW FIRM
Kroger Co. v. Keng, 23 S.W.3d 347 (Tex. 2000)
Background
- Keng was injured while working for Kroger, a non-subscriber to the Texas Workers’ Compensation system.
- He sued Kroger under common-law negligence.
- Kroger requested a jury instruction on contributory negligence and assumption of the risk.
- The trial court denied the instruction, and the jury found Kroger negligent.
- Kroger appealed, arguing it was entitled to assert these defenses.
Legal Issue
The central question was whether a non-subscribing employer (one who opts out of the Texas Workers’ Compensation system) can use common-law defenses like:
- Contributory negligence
- Assumption of the risk
- Negligence of a fellow employee
Court’s Holding
The Texas Supreme Court held that:
A non-subscribing employer may not assert these common-law defenses in a negligence suit brought by an injured employee.
This ruling is grounded in Texas Labor Code § 406.033, which explicitly bars these defenses for non-subscribers.
What It Means for Workers’ Compensation Law in Texas
Protection for Workers
- The decision reinforces the protective intent of the Workers’ Compensation Act.
- Non-subscribing employers face greater liability exposure because they lose access to traditional defenses.
- This encourages employers to participate in the workers’ compensation system, which limits liability but provides guaranteed benefits to injured workers.
Statutory Interpretation
- The Court emphasized that the statute must be interpreted as written, without importing common-law doctrines that the Legislature chose to exclude.
- This reflects a strict construction of the statute’s language, in contrast to the liberal construction often applied to protect workers within the compensation system.
Broader Impact
- Kroger v. Keng clarified that opting out of the workers’ comp system comes with serious legal risks.
- It also signaled that courts will not dilute the statutory protections for injured workers by reintroducing defenses the Legislature has barred.