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TEXAS WORKERS' COMPENSATION COM'N v. GARCIA

No. 04-91-00565-CV.

862 S.W.2d 61 (1993)

TEXAS WORKERS' COMPENSATION COMMISSION, et al., Appellants, v. Hector GARCIA, Jr., et al., Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Denied September 16, 1993.

Attorney(s) appearing for the Case

Scott Moore, Shannon Ratliff, Marc O. Knisely, Carolyn Porter Simione, McGinnis, Lochridge & Kilgore, Joseph A. Pitner, Carey E. Smith, Delmar Cain, Harry G. Potter, III, Asst. Atty. Gen., Gen. Litigation Div., Austin, for appellants.

David R. Richards, Gray & Becker, Bill Whitehurst, Whitehurst, Harkness & Watson, Austin, Robert R. Puente, Law Offices of Robert R. Puente, San Antonio, for appellees.

Before the court en banc.

OPINION

REEVES, Chief Justice.

In this declaratory judgment action, the trial court declared the 1989 Workers' Compensation Act (the Act1) unconstitutional. We are called upon in this appeal to review that decision. Before we reach the constitutional issues, we must decide whether a justiciable controversy exists. We must also determine whether plaintiffs' suit against the state defendants is barred by sovereign immunity. We...

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