TEXAS MUTUAL INSURANCE COMPANY//Cross-Appellants, Eckerd Corporation; H.E. Butt Grocery Company; Third Party Solutions, Inc.; Wal-Mart Stores, Inc.; Apollo Enterprises, Inc.; and Walgreen Company, Appellant,
v.
ECKERD CORPORATION; H.E. Butt Grocery Company; Third Party Solutions, Inc.; Wal-Mart Stores, Inc.; Apollo Enterprises, Inc.; and Walgreen Company//Cross-Appellee, Texas Mutual Insurance Company, Appellees.
Court of Appeals of Texas, Austin.https://leagle.com/images/logo.png
January 21, 2005.
Rehearing Overruled April 14, 2005.
Attorney(s) appearing for the Case
P.M. Schenkkan, Robin A. Melvin, Richard D. Yeomans, Thomas B. Hudson, Jr., and Eric G. Behrens, Graves, Dougherty, Hearon & Moody, P.C., Mary Barrow Nichols, Gen. Counsel, Texas Mutual Insurance Company, Austin, for Texas Mutual Insurance Company.
Don Walker, Asst. Atty. Gen., Chief, Administrative Law Division, Austin, for Texas Workers' Compensation Commission.
Jo Beth Eubanks, C. David Kinder, and Saul H. Perloff, Akin, Gump, Strauss, Hauer & Feld, L.L.P., San Antonio, for Eckerd Corporation and H.E. Butt Grocery Company.
Michael D. Napoli, Kirkpatrick & Lockhart, L.L.P., Dallas, for Third Party Solutions, Inc.
David R. Overstreet, Raymond P. Pepe and Christopher R. Nestor, Kirkpatrick & Lockhart, L.L.P., Harrisburg, PA, for Third-Party Solutions, Inc.
Lloyd E. Hoffman and Shane Thompson, Hoffman & Kelley, L.L.P., Dallas, for Wal-Mart Stores, Inc.
Bob E. Shannon, Kevin M. Sadler, William P. Johnson Scott D. Powers, and Susan Dillon Ayers, Baker & Botts, Austin, for Apollo Enterprises, Inc.
Toni Hunter and Richard E. Gray, III, Gray & Becker, PC, Austin, for Walgreen Company.
Before Chief Justice LAW, Justices PATTERSON and PURYEAR.
Court of Appeals of Texas, Austin.
OPINION
DAVID PURYEAR, Justice.
This case involves cross appeals by the plaintiffs and defendants below. Both hinge on whether an insurance company, when it alleges that a health care provider has overcharged it for prescription drugs dispensed under the Texas Workers' Compensation Act (the Act), must first exhaust remedies provided in the Act before bringing suit in court.
Appellant and plaintiff below, Texas Mutual Insurance Company (Texas...
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