Welcome to Texas Work Injury Law Blog
This website is maintained by the Law Offices of Dean Malone, P.C., a Dallas, Texas law firm representing people across Texas for work injury cases. We have attempted to provide useful information for those harmed by work injuries.
Judicial Workplace Arbitrations and WalmartTuesday, July 22nd, 2014
Our North Texas law firm represents injured workers across the State of Texas for work-related accidents. We represent employees whose employers do not have worker’s compensation insurance coverage. These employers are known under Texas law as “nonsubscribers.” We also represent injured workers whose employers do have workers compensation insurance, if the person or company at least partially responsible for the injuries is someone other than the injured worker’s employer or its employees. Finally, we represent workers injured anywhere in Texas if their employers, having worker’s compensation coverage, fire the employee as a result of filing a worker’s compensation claim.
We have found that most Texas employers of any significant size, and who have chosen not to carry worker’s compensation coverage, will have a work-related accident policy. Many employees confuse such a policy with worker’s compensation coverage. Our law firm has also found that most such accident policies include an arbitration agreement. For example, as of the date of this post, Walmart Stores, Inc. has an injury care benefit plan which includes an arbitration agreement.
Walmart Stores, Inc.’s arbitration agreement in its Texas Injury Care Benefit Plan has many requirements, and an injured employee should contact competent legal counsel to work through any necessary arbitration proceeding. Walmart’s arbitration agreement currently requires an injured employee to initiate arbitration through Judicial Workplace Arbitrations, Inc. (“JWA”). The current listed address for Judicial Workplace Arbitrations is 941 Barnett, Kerrville, Texas 78028. If an employee initiates arbitration, the employee must also currently give notice to Walmart in care of Jennifer D. Hurless, c/o CMI, 1025 W. Trinity Mills Road, #120, Carrollton, Texas 75006.
The party requesting arbitration for a Walmart work injury must file a petition with Judicial Workplace Arbitrations specifically identifying and describing all claims asserted as well as the facts on which the claims are based. The person initiating arbitration for the Walmart-related injury must send notice to Judicial Workplace Arbitrations and the other party by certified or registered mail, return receipt requested.
The required arbitrator under the current Walmart plan must be either a former judge or a Texas-licensed attorney, and who has experience with personal injury litigation. Currently, such an arbitrator must be selected from a panel of arbitrators located in Dallas County, Texas (which is the location of our law office). There is a specific selection process for the arbitrator, and it includes deadlines to object to employment of the specific arbitrator.
After arbitration is initiated, and an arbitrator is selected, the arbitrator in the Walmart plan will issue a scheduling order setting forth various deadlines. The current Walmart plan includes the Texas Rules of Civil Procedure and discovery methods allowed by those rules. The current Walmart injury plan also requires the arbitrator to make a final and binding decision no later than thirty days after the final arbitration hearing. JWA administers this entire process for the Walmart injury arbitration, but it does not have the power to decide the case. It simply facilitates the orderly flow of arbitration.