On April 5, 2019, in
Texas Mutual Insurance Co. v. Chicas, the Texas Supreme Court found that judicial appeals from decisions by the Division of Workers Compensation appeals panel, which are filed with the trial court past the 45-day statutory filing deadline, do not automatically divest the trial courts of jurisdiction.
The Supreme Court reversed the trial court’s decision that it did not have jurisdiction over the claimant’s appeal for judicial review that was filed after the 45-day deadline. However, the court declined to address arguments as to whether the filing deadline is a statute of limitations that triggers application of the tolling provision in a workers compensation appeal. With this decision, the state’s highest court clarified how existing precedent applies in workers compensation appeals and overruled conflicting appellate decisions which held that the failure to meet the 45-day deadline divests trial courts of jurisdiction. The case has been remanded to the trial court for further proceedings.
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