IN RE TEXAS MUT. INS. CO.

No. 03-10-00404-CV.

360 S.W.3d 588 (2011)

In re TEXAS MUTUAL INSURANCE COMPANY and Natalie L. Garcia.

Court of Appeals of Texas, Austin.

Rehearing Overruled February 24, 2012.


Attorney(s) appearing for the Case

David B. Joeckel, Jr. , The Joeckel Law Office, Fort Worth, TX, for real part in interest.

Scott K. Arnold , Matthew P. Heagerty , R. Scott Placek , Kyle M. Jones , Arnold & Placek, P.C., Round Rock, TX, Shannon Simmons Pounds , Mary Barrow Nichols , Texas Mutual Insurance Company, Mary A. Keeney , P.M. Schenkkan , Graves, Dougherty, Hearon & Moody, P.C., Austin, TX, for relator.

Before Chief Justice JONES, Justices PURYEAR and PEMBERTON.


OPINION

BOB PEMBERTON, Justice.

This mandamus proceeding presents issues concerning the scope of the exclusive jurisdiction that the Legislature has delegated to the Texas Department of Insurance, Division of Workers' Compensation ("DWC"), to make initial determinations in certain disputes involving workers' compensation benefits. After real-party-in-interest James E. Jones sued Texas Mutual Insurance Company and one of its insurance adjusters (collectively...

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