Benavidez v. TRAVELERS INDEMNITY COMPANY OF CONNECTICUT

Texas Supreme Court

Benavidez v. TRAVELERS INDEMNITY COMPANY OF CONNECTICUT

985 S.W.2d 458, 42 Tex. Sup. Ct. J. 354, 1999 Tex. LEXIS 7

CourtTexas Supreme Court

DecidedFebruary 4, 1999

Docket98-0314

StatusPublished

Cited by4 cases

This text of 985 S.W.2d 458 (Benavidez v. TRAVELERS INDEMNITY COMPANY OF CONNECTICUT) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Benavidez v. TRAVELERS INDEMNITY COMPANY OF CONNECTICUT, 985 S.W.2d 458, 42 Tex. Sup. Ct. J. 354, 1999 Tex. LEXIS 7 (Tex. 1999).

Pincite

Opinion

PER CURIAM.

This case presents two issues: (1) when is a party, who seeks judicial review of a Texas Workers’ Compensation Commission Appeals Panel decision, required to file a copy of its petition with the Commission under Texas Labor Code section 410.253; and (2) whether untimely notice to the Commission under section 410.253 deprives the trial court of jurisdiction over the judicial review action. The court of appeals held that section 410.253 requires a party seeking judicial review to file a copy of its petition with the Commission within forty days of the date the Appeals Panel files its decision with the Commission. The court of appeals also held that this requirement was mandatory and jurisdictional. Accordingly, the court of appeals affirmed the trial court’s judgment dismissing the judicial review action for untimely notice to the Commission. 960 S.W.2d 422.

Today, in Albertson’s, Inc. v. Sinclair, 984 S.W.2d 958 (Tex.1999), we hold that section 410.253 requires a party seeking judicial review to file a copy of its petition with the Commission on the same day that it files its petition in the trial court. We also hold that timely filing with the Commission is mandatory but not jurisdictional. Accordingly, without hearing oral argument, we grant this petition for review, reverse the court of appeals’ judgment, and remand this case to the trial court for further proceedings. See Tex.R.App. P. 59.1.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This case presents two issues: (1) when is a party, who seeks judicial review of a Texas Workers’ Compensation Commission Appeals Panel decision, required to file a copy of its petition with the Commission under Texas Labor Code section 410.253; and (2) whether untimely notice to the Commission under section 410.253 deprives the trial court of jurisdiction over the judicial review action. The court of appeals held that section 410.253 requires a party seeking judicial review to file a copy of its petition with the Commission within forty days of the date the Appeals Panel files its decision with the Commission. The court of appeals also held that this requirement was mandatory and jurisdictional. Accordingly, the court of appeals affirmed the trial court’s judgment dismissing the judicial review action for untimely notice to the Commission. 960 S.W.2d 422.

Today, in Albertson’s, Inc. v. Sinclair, 984 S.W.2d 958 (Tex.1999), we hold that section 410.253 requires a party seeking judicial review to file a copy of its petition with the Commission on the same day that it files its petition in the trial court. We also hold that timely filing with the Commission is mandatory but not jurisdictional. Accordingly, without hearing oral argument, we grant this petition for review, reverse the court of appeals’ judgment, and remand this case to the trial court for further proceedings. See Tex.R.App. P. 59.1.

Cite This Page — Counsel Stack

Bluebook (online)

985 S.W.2d 458, 42 Tex. Sup. Ct. J. 354, 1999 Tex. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benavidez-v-travelers-indemnity-company-of-connecticut-tex-1999.

Opinion

Related

Cite This Page — Counsel Stack