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ST. PAUL FIRE AND MARINE INS. CO. v. MEADOR

No. 2-97-089-CV.

990 S.W.2d 362 (1999)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Appellant, v. Valerie MEADOR and the Texas Workers' Compensation Commission, Appellees.

Court of Appeals of Texas, Fort Worth.

March 11, 1999.

Attorney(s) appearing for the Case

Bishop & Hummert and Alexander N. Beard and Darryl J. Silvera, Dallas, for Appellant.

Lombrano-Williamson and Assoc. and Barbara Lombrano-Williamson, Irving, for Appellee Valerie Meador.

Dan Morales, Attorney General, Jorge Vega, First Assistant Attorney General, Laquita A. Hamilton, Deputy Attorney General for Litigation, Nelly Herrera, Chief, Tort Litigation, Harry Deckard and Joseph A. Pitner, Assistant Attorney's General, for Appellee Texas Workers' Compensation Commission.

Before the court en banc.

OPINION

LEE ANN DAUPHINOT, Justice.

The primary issue in this workers' compensation case is whether timely filing of a petition with the Texas Workers' Compensation Commission is jurisdictional in nature. Because we conclude the filing requirement of section 410.253 of the Texas Labor Code is not jurisdictional, we reverse the dismissal judgment of the trial court and remand the case to the trial court.

I. INTRODUCTION AND PROCEDURAL HISTORY

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