CHICAS v. TEXAS MUT. INS. CO.

NO. 01-16-00226-CV.

522 S.W.3d 67 (2017)

Bertila CHICAS, Individually and as Beneficiary of Santiago Chicas, Deceased, Appellant v. TEXAS MUTUAL INSURANCE COMPANY, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Opinion issued May 16, 2017.


Attorney(s) appearing for the Case

Thomas R. Phillips , BAKER BOTTS, 98 San Jacinto Blvd., Suite 1500, Austin, TX 78701, Terry Bryant , Steve Waldman , TERRY BRYANT PLLC, 8584 Katy Freeway, Suite 100, Houston, TX 77024, Lisa Bowlin Hobbs , Kurt Kuhn , KUHN HOBBS PLLC, 3307 Northland Drive, Suite 310, Austin, TX 78731, for Appellant.

R. Scott Placek , Scott K. Arnold , Kyle M. Jones , Jonathan Chaltain , ARNOLD & PLACEK, P.C., 203 East Main Street, Suite 201, Round Rock, TX 78664, Mary B. Nichols , Shannon S. Pounds , TEXAS MUTUAL INSURANCE CO., 6210 East Highway 290, Austin, TX 78723-1098, for Appellee.

Panel consists of Chief Justice Radack and Justices Brown and Lloyd.


OPINION

The trial court granted Texas Mutual Insurance Company's plea to the jurisdiction and dismissed Bertila Chicas's suit for judicial review because it was not filed within 45 days of a final decision by the Division of Workers' Compensation ["DWC"].1 In so ruling, the trial...

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