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PICKETT v. TEXAS MUTUAL INSURANCE CO.

No. 03-04-00374-CV.

239 S.W.3d 826 (2007)

Mark PICKETT and Barbara Pickett, Appellants, v. TEXAS MUTUAL INSURANCE CO., f/k/a Texas Workers' Compensation Insurance Fund, Appellee.

Court of Appeals of Texas, Austin.

July 26, 2007.

Attorney(s) appearing for the Case

Cynthia A. Leiferman, Law Offices of Cynthia A. Leiferman, P.C., Austin, for appellant.

David P. Boyce, Wright & Greenhill, P.C., P.M. Schenkkan, Graves, Dougherty, Hearon & Moody, P.C., Mary Barrow Nichols, Austin, for appellee.

Before Justices PURYEAR, WALDROP and HENSON.

OPINION

G. ALAN WALDROP, Justice.

This appeal concerns the requirement that a party seeking damages for a workers' compensation insurance carrier's alleged delay or denial of medical benefits in bad faith must exhaust administrative remedies at the Texas Workers' Compensation Commission before filing suit. See American Motorists Ins. Co. v. Fodge, 63 S.W.3d 801, 804-05 (Tex.2001). Appellants Mark Pickett...

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