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Contents of Main Volume | Contents of Supplement
DISCLAIMER: The Longshore Benchbook was created solely to assist the Office of Administrative Law Judges as a first reference in researching cases arising under the Longshore and Harbor Workers' Compensation Act, and extension acts, as amended. This Benchbook does not constitute the official opinion of the Department of Labor, the Office of Administrative Law Judges, or any individual judge on any subject. This Benchbook does not necessarily contain an exhaustive or current treatment of case holdings, and should, under no circumstances, substitute for a party's own research into the statutory, regulatory, and case law authorities on any given subject referred to therein. It is intended to be used as a research tool, not as final legal authority and should not be cited or relied upon as such.
PDF Version: Volume I (Topics 1-21) | Volume II (Topics 22-90)
Description |
Topic |
Invalid Agreements |
15 |
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15.2 |
TOPIC 15
Topic 15.2 Invalid Agreements--Agreement
to Waive Compensation Invalid
In Re Kellog Brown & Root, Tex. Ct. App., No.
01-01-01177-CV (April 25, 2002).
[ED. NOTE: While not a LHWCA case, this
matter is nevertheless of interest due to its wrongful discharge issue.]
The Texas Court of Appeals held that a pipefitter helper must arbitrate his
claim that he was wrongfully discharge by Kellogg, Brown & Root for filing
a workers' compensation claim. Here the worker had signed two documents
acknowledging "in consideration of my employment" that he was an
at-will employee and that he was bound by the terms of the "Haliburton
Dispute Resolution Program." That program required binding arbitration of
all employment claims, including workers compensation retaliation claims. The
Federal Arbitration Act applied to arbitrations held under the program. When
the worker brought suit for wrongful discharge, the trial court denied
employer's motion to compel arbitration, finding that there was no
consideration and thus, no contract to arbitrate. However, the appellant court
found that both sides to the agreement were bound to perform certain
requirements, and thus the agreement to arbitrate was binding and enforceable.
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