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APPEAL NO. 031253 FILED JULY 2, 2003, This appeal arises pursuant to the Texas Workers' Compensation Act, TEX. LAB. CODE ANN. 401.001 et seq. (1989 Act). A contested case hearing was held on April

Although the parties in this appeal agreed to the following questions of law, the appellate court overruled some of them and agreed to hear others on separate briefs. Facts As a driver-in-the-front position, the appellant was one of two men in the front passenger seat of an automobile on an eastbound interstate, when they arrived at a red light. As a result of the rear of the automobile being left in park and the appellant in a rear bumper-to-bumper collision with a tractor trailer, he sustained a large head injury and a lacerating laceration. Although he testified that he initially thought the injury was worse when he went to the hospital, after he had taken some X-rays, he realized it was not as serious as it appeared and there was no sign of a traumatic brain injury. The injuries had been caused by the crash. The appellant filed his claim April 17, 2003. The appellant asserts that the determination of his coverage by the appellant insurance company is not supported by either federal or state law and that because the appellant is not entitled to the benefits of an employer-sponsored health insurance plan, he should not be treated as such by the insurance company. Discussion The appellant's insurance company filed a summary judgment, arguing on appeal that the appellant is not eligible for the protection afforded to employees of an “employer-sponsored health insurance plan,” Tex. CIV. Prey. & Rem. Code Ann. §§ 8.003, .0039 (1989). The parties agree that the term “employer-sponsored” refers to coverage in an employee benefit plan established for the employer by an eligible employer, such as a health insurance carrier or a labor union. The term “employee” means a member of an employee or labor organization employed by an eligible employer, however, a person is not employed if he is not “employed” within the meaning of the Act either because the person is not regularly employed in a trade or business and is not regularly hired to perform a service for, on behalf of, or under the control of an employer, or because his principal place of employment is for purposes of a vocational training program, or is a student, whether in public or private, or is a member of the armed forces of the United States. Tex. CIV. Prey. & Rem. Code Ann. § 8.002(1)(a) (1989).

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