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HOWELL v. TEXAS WORKERS' COMPENSATION COM'N

No. 03-03-00381-CV.

143 S.W.3d 416 (2004)

Robert S. HOWELL, D.C.; First Rio Valley Medical, P.A.; Keith Gilbert; William Maxwell; and Gilbert & Maxwell, P.L.L.C., Appellants, v. TEXAS WORKERS' COMPENSATION COMMISSION; Envoy Medical Systems, L.L.C.; Texas Mutual Insurance Company; State Office of Risk Management; and Continental Casualty Insurance Company, Appellees.

Court of Appeals of Texas, Austin.

August 12, 2004.

Attorney(s) appearing for the Case

William Maxwell, Keith T. Gilbert, Gilbert & Maxwell, P.L.L.C., Houston, for Appellants.

Bradley D. McClellan, Asst. Atty. Gen., Austin, for State Office of Risk Management.

P.M. Schenkkan, William Christian, Thomas B. Hudson, Jr., Graves, Dougherty, Hearon & Moody, P.C., Mary Barrow Nichols, Gen. Counsel, Austin, for Texas Mutual Insurance Company.

Brenda E. Brockner, Asst. Atty. Gen., Austin, for Texas Workers' Compensation Commission.

Jane Lipscomb Stone, Stone, Loughlin & Swanson, L.L.P., Austin, for Continental Casualty Insurance Company.

Daniel Y.S. Chin, Chin & Associates, L.L.P., Austin, for Envoy Medical Systems, L.L.C.

Before Chief Justice LAW, Justices PATTERSON and PURYEAR.

OPINION

JAN P. PATTERSON, Justice.

In this case, we must decide whether, when a health care provider provides medical treatment to a workers' compensation claimant and subsequently disputes the adequacy of payment by a workers' compensation insurance carrier, the health care provider must first exhaust administrative remedies within the workers' compensation system before seeking to resolve the dispute in a court. We must also determine whether, after...

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