Industrial Foundation of the South v. Texas Industrial Accident Board
Justice Johnson's concurring opinion addresses the majority's conclusion that Rule 9.040 of the Industrial Accident Board is invalid under the Open Records Act. While joining Justice Doughty's opinion on protecting privacy, Johnson argues that the case should be remanded to determine Rule 9.040's validity, fearing the majority's decision could harm the Texas workmen’s compensation system and lead to employment discrimination against claimants. He contends that Rule 9.040, promulgated under the Board's statutory authority (Article 8307(4) and (9)), could be considered 'information deemed confidential by statutory law' under Section 3(a)(1) of the Open Records Act if it's necessary to achieve legislative goals. Johnson also highlights the injustice to claimants who relied on Rule 9.040's confidentiality between 1961 and 1973, suggesting their information should be deemed confidential by judicial decision.