Is the Pre-Existing Condition Exclusion in a Texas Workplace Injury Plan a Meaningless Exclusion?

Texas permits employers to opt out of the Texas Workers' Compensation Program if they have an equivalent Workplace Injury Benefit Plan. This article examines whether the pre-existing condition exclusion in the Plan is a meaningless relic that can be removed without impacting coverage for employee injury or whether it should remain part of the Plan until the Supreme Court of Texas defines "injury" as an objectively supported condition or a subjective expression of pain.

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