Margarita Morales, Individually and as Next Friend of Paulette Morales and Laura Morales, Minor Children of Guadalupe D. Morales v. Liberty Mutual Insurance Company and Continental Casualty Company
This is an appeal from a trial court's decision granting a plea to the jurisdiction in a Texas Workers’ Compensation Act case. Margarita Morales, on behalf of her deceased husband's minor children, sought judicial review after the Texas Workers’ Compensation Commission Appeals Panel denied death benefits, ruling that Guadalupe Morales was not an employee. The central dispute on appeal was whether the issue of the decedent's employment status constituted a question of 'coverage' or 'compensability.' The Court of Appeals for the Eighth District of Texas affirmed the trial court's dismissal, agreeing that the issue was one of coverage, for which jurisdiction properly lay in Travis County, rather than El Paso County.