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TEXAS MEDICAL ASS'N v. TEXAS WORKERS COMP.

No. 03-03-00436-CV.

137 S.W.3d 342 (2004)

TEXAS MEDICAL ASSOCIATION; Texas AFL-CIO; Patient Advocates of Texas; Allen J. Meril, M.D.; and L.E. Richey, Appellants, v. TEXAS WORKERS COMPENSATION COMMISSION; Richard F. Reynolds, Executive Director; and Texas Association of Business, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled June 24, 2004.

Attorney(s) appearing for the Case

David F. Bragg, Bragg Chumlea McQuality, Austin, for Texas Medical Association and Texas AFL-CIO.

William Maxwell, Keith T. Gilbert, Gilbert & Maxwell, PLLC, Houston, for Richey.

Don Walker, Asst. Atty. Gen., Austin, for Texas Workers' Compensation Commission; Reynolds.

Jennifer S. Riggs, Bill Aleshire, Riggs & Aleshire, PC, Austin, for Patient Advocates; Meril, M.D.

P.M. Schenkkan, Thomas B. Hudson, Jr., Nancy Rice Hudson, Graves, Dougherty, Hearon & Moody, P.C., Austin, for Texas Association of Business.

Before Chief Justice LAW, Justices KIDD and B.A. SMITH.

OPINION

BEA ANN SMITH, Justice.

This case concerns allegations by the Texas Medical Association, the Texas AFL-CIO, Patient Advocates of Texas, and Doctors Allen J. Meril and L.E. Richey (collectively, the appellants),1 that the 2002 medical fee guidelines promulgated by the Texas Workers Compensation Commission are invalid. See 28 Tex. Admin. Code § 134.202 (2003). Appellants assert substantive and procedural...

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