Kherkher Garcia Secures Appellate Victory for Boilermakers who Suffered Severe Burns in Steam Release at La Porte Chemical Facility

Houston, Texas – The refinery accident lawyers at Kherkher Garcia, LLP have secured an important appellate victory for Eladio Blanco and his fellow injured plant workers in Blanco v. LyondellBasell Acetyls, LLC.

On October 13, 2026, the First Court of Appeals of Texas denied LyondellBasell’s petition for writ of mandamus, leaving in place the trial court’s denial of the company’s motion for summary judgment and allowing the underlying lawsuit to move forward.

The case stems from an August 2024 industrial accident at LyondellBasell’s chemical facility in La Porte, Texas. Blanco and his fellow workers, who were employed as boilermakers, were assigned to remove a pressure relief valve. According to the plaintiffs’ allegations, pressure in the lines had not been properly relieved before the work began. A blowout during the task released approximately 500-degree pressurized saturated steam, causing severe second- and third-degree burns to Blanco.

Appellate Victory Allows Injured Workers to Continue Their Claims

A central issue in the litigation has been LyondellBasell’s argument that workers’ compensation law protects the company from the plaintiffs’ claims. Kherkher Garcia maintains that the circumstances support an exception based on intentional conduct. Attorney Kevin Haynes says,

“We believed in this case from day one. This decision is an important step forward for our clients, who have waited through another round of litigation to continue pursuing their claims.”

After the trial court denied LyondellBasell’s motion for summary judgment in December 2025 and later denied reconsideration, the company sought mandamus relief from the First Court of Appeals. The appellate court denied the petition and lifted the stay that had paused the litigation.

The decision allows the workers’ claims to proceed despite LyondellBasell’s effort to obtain relief through the appellate court. While the ruling does not resolve liability or damages, it represents an important procedural milestone for the injured workers and their families.

Kherkher Garcia Attorneys Recognized for Their Advocacy

Kherkher Garcia recognizes attorneys Kevin Haynes, Bernard Lo, Victoria Brown, and Troy O’Brien for their dedication, teamwork, and continued advocacy throughout this complex litigation. The case was originally referred to Kherkher Garcia by attorney Jim Soto. The firm also worked with Dale Jefferson’s firm on the appellate response.

The firm’s attorneys remain committed to representing boilermakers and other industrial workers who face serious injuries while performing essential work at refineries, chemical facilities, and industrial plants throughout Texas.

CASE INFORMATION
269th District Court of Harris County, Texas
Blanco v. LyondellBasell Acetyls, LLC
Case No. 2024-56940

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