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TEXAS WORKERS COMPEN. v. PATIENT ADV. OF TX

No. 02-0804.

136 S.W.3d 643 (2004)

TEXAS WORKERS' COMPENSATION COMMISSION, Petitioner, v. PATIENT ADVOCATES OF TEXAS and Allen J. Meril, M.D., Respondents.

Supreme Court of Texas.

Decided May 28, 2004.

Attorney(s) appearing for the Case

Thomas S. Leatherbury, Vinson & Elkins, L.L.P., Dallas, P.M. Schenkkan, Graves Dougherty Hearon & Moody, P.C., Austin, T. Daniel Hollaway, Hollaway & Gumbert, Houston, Phyllis B. Schunck, Clark Thomas & Winters, Austin, for Amicus Curiae.

Greg Abbott, Atty. Gen., Howard G. Baldwin, First Asst. Atty. Gen., Jeffrey S. Boyd, Thompson & Knight, Dewey E. Helmcamp III, Asst. Atty. Gen., Barry Ross McBee, Office of Atty. Gen., and Don Walker, Office of Atty. Gen., Austin, for Petitioner.

Bill Aleshire, M.D. Jennifer S. Riggs, Riggs & Aleshire, P.C., Austin, for Respondent.

Justice WAINWRIGHT delivered the opinion of the Court, in which Chief Justice PHILLIPS, Justice HECHT, Justice OWEN, Justice O'NEILL, Justice JEFFERSON, Justice SCHNEIDER, Justice SMITH, and Justice BRISTER joined.

In this case, we consider whether the Texas Workers' Compensation Commission (TWCC) substantially complied with the statutory requirements for adopting fee guidelines for medical treatments and services. We also decide whether TWCC exceeded its statutory...

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