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Waldrep v. Texas Employers Insurance Association

21 S.W.3d 692 (2000)

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Waldrep v. Texas Employers Insurance Association

Texas Court of Appeals
21 S.W.3d 692 (2000)

  • Written by Tammy Boggs, JD
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Facts

As a high school senior, Alvis Waldrep Jr. (plaintiff) was recruited to attend and play football for Texas Christian University (TCU). TCU informed Waldrep that he would keep his financial-aid package at the university even if he was injured and could not play football. Waldrep expected that he would have to follow rules imposed by the National Collegiate Athletic Association (NCAA) to play football. Waldrep signed (1) a letter of intent to play football for TCU and (2) a financial-aid agreement covering his room, board, tuition, and $10 per month for incidentals. Waldrep’s ability to play football was contingent on him meeting TCU’s academic requirements. Two years after entering and playing football for TCU, Waldrep was critically injured. Years later, he filed a workers’-compensation claim. The Texas Workers’ Compensation Commission approved Waldrep’s claim. The insurer Texas Employers Insurance Association (defendant) appealed the decision to a trial court. Following a trial, a jury decided that Waldrep was not an employee of TCU, which precluded workers’-compensation benefits. The trial court entered judgment against Waldrep, who appealed arguing that he was an employee of TCU as a matter of law.

Rule of Law

Issue

Holding and Reasoning (Yeakel, J.)

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