A Texas appeals court on Thursday ruled that Old Republic Insurance Co. does not have to pay workers compensation death benefits to the family of an Energy Transfer LP technician who was killed while driving home from work in a company vehicle.
The 11th Court of Appeals in Eastland, Texas, affirmed summary judgment for Old Republic in Teresa D. Darling and Lochie Hosch A/N/F of Kellie J. Darling v. Old Republic Insurance Co., holding that James E. Darling was not acting in the course and scope of employment when he died in an April 25, 2019, motor vehicle accident.
Mr. Darling, an instrumentation and electrical technician, had worked overtime at Energy Transfer’s Rebel Plant and was driving home in an employer-owned vehicle when the crash occurred. His family argued that the vehicle was provided by the employer and that he was subject to callouts after work.
The court disagreed, finding that Mr. Darling was commuting home, unpaid, after completing his workday and was not responding to a callout. The court said the mere use of a company vehicle did not establish that his travel originated in the employer’s business.
Because the travel was not work-related, the court did not reach the family’s arguments over beneficiary status.