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ALBERTSON'S, INC. v. ELLIS

No. 2-03-189-CV.

131 S.W.3d 245 (2004)

ALBERTSON'S, INC., a Certified Self-Insured, Appellant, v. Kathryn D. ELLIS and Texas Workers' Compensation Commission, Appellees.

Court of Appeals of Texas, Fort Worth.

February 26, 2004.

Attorney(s) appearing for the Case

The Silvera Firm, Darryl Silvera, Jeremy A. Lunn, Dallas, for Appellant.

Norman Darwin & Associates, Norman Darwin, Fort Worth, for Kathryn D. Ellis.

Greg Abbott, Atty. Gen., Barry R. McBee, First Asst. Atty. Gen., Edward D. Burbach, Deputy Atty. Gen. for Litigation, Don Walker, Chief, Administrative Law Division, Kevin Heyburn, Asst. Atty. Gen., Austin, for Texas Workers' Compensation Commission.

Panel A: CAYCE, C.J.; GARDNER and McCOY, JJ.

OPINION

BOB McCOY, Justice.

I. INTRODUCTION

This is a workers' compensation case. Appellant Albertson's, Inc., A Certified Self-Insured appeals from the trial court's grant of Kathryn D. Ellis ("Ellis") and Texas Workers' Compensation Commission ("TWCC") motion for summary judgment based on the lack of jurisdiction, arguing that the opinion of the TWCC appeals panel was a final decision allowing it to seek judicial review under section 410.251...

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