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Tex. Lab. Code § 406.032

EXCEPTIONS

Known as the Texas Workers' Compensation Act

The act spans §§ 401–419 (623 sections).

Applied in 13 court decisions — leading case Waffle House, Inc. v. Williams (2010)

Most recently applied in Commerce & Industry Insurance Co. v. Ferguson-Stewart (March 2011)

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff

How often courts cite this section

199420002010201130
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

An insurance carrier is not liable for compensation if:

(1) the injury:

(A) occurred while the employee was in a state of intoxication;

(B) was caused by the employee's wilful attempt to injure himself or to unlawfully injure another person;

(C) arose out of an act of a third person intended to injure the employee because of a personal reason and not directed at the employee as an employee or because of the employment;

(D) arose out of voluntary participation in an off-duty recreational, social, or athletic activity that did not constitute part of the employee's work-related duties, unless the activity is a reasonable expectancy of or is expressly or impliedly required by the employment; or

(E) arose out of an act of God, unless the employment exposes the employee to a greater risk of injury from an act of God than ordinarily applies to the general public; or

(2) the employee's horseplay was a producing cause of the injury.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.