Inspectorate America's motion to dismiss suit denied

David Yates Jun. 11, 2012, 12:54pm


Plaintiff Armando Falcon will receive another "bite" at the "apple," as a Beaumont judge declined Inspectorate America's motion to dismiss on Monday.

Falcon sued IA on March 27 in Jefferson County District Court.

The suit alleges Falcon, an inspector for IA, injured his knee on May 16, 2011, while navigating a shore gangway in the course and scope of his employment.

Falcon claims his employer fired him after he sought to exercise his right to worker's compensation following his knee injury.

Court records show that on May 25 IA filed a motion to dismiss, asserting that the court lacks the jurisdiction to hear the case.

The motion argues that Falcon was denied worker's compensation benefits and his lawsuit is a means of disputing the decision and "taking another bite of the apple."

Following a hearing, Judge Bob Wortham, 58th District Court, denied the motion on June 11.

In his suit, Falcon alleges that despite his efforts to return to work on light duty while he received treatment, IA fired him for exercising his rights under the Texas Labor Code.

Falcon is seeking an award of punitive damages and also suing for his lost wages and mental anguish.

Beaumont attorney Matthew Matheny of the Provost Umphrey law firm represents him.

Lafayette attorney John Hughes represents IA.

Case No. A192-231

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