School bus driver involved in accident sues employer, benefits administrator based on negligence
In a recent case, a school bus driver working for the Houston Independent School District collided with another motorist while operating the bus. She suffered strains in her knees and sprains in her shoulders and lower back.
The driver brought a claim for temporary workers’ compensation disability benefits. The school district did not dispute that the driver’s injuries were compensable.
Read more: Injured party sues employer after employee falls asleep at the wheel
Cannon Cochran Management Services, Inc., which was the school district’s third-party benefits administrator, paid the driver temporary workers’ compensation disability benefits until she reached maximum medical improvement.
The driver, who was medically cleared to return to work, failed to return. The school district ordered her to attend a meeting to discuss whether she had abandoned her job. It terminated her employment when she did not attend.
The driver sued the school district and the benefits administrator based on negligence. The school district alleged that, because it had governmental immunity from suit, the trial court lacked subject matter jurisdiction over the negligence claim.
The Texas Tort Claims Act (TTCA) did not waive the school district’s immunity because the driver did not allege that one of its employees caused injuries due to the negligent use or operation of a motor vehicle, the school...
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