Texas courts for decades have recognized that nonsubscriber negligence claims arise out of common law, not the Texas Workers’ Compensation Act. However, a recent decision by the Tyler Court of Appeals threw a wrench in current case law. In the case East Texas Medical, the Tyler Court incorrectly held that a nonsubscribing employer could not designate responsible third parties because a negligence claim against a nonsubscriber is “an action to collect workers’ compensation benefits” under the TWCA. In re E. Tex. Med. Ctr. Athens, No. 12-23-00263-CV (Tex. App. Nov. 21, 2023). Not only does the Tyler Court ignore decades of precedence on nonsubscriber law and misinterpret precedent, they also completely disregard the plain language of the responsible third-party statute.