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Title: 

Ector County Independent School Dist. v. Adkins

Date: 

February 4, 1999

Citation: 

989 S.W.2d 363

Court: 

  • Texas Supreme Court

Status: 

Published Opinion

Table of Contents

  • Ector County Independent School Dist. v. Adkins

Supreme Court of Texas.

ECTOR COUNTY INDEPENDENT SCHOOL DISTRICT, Petitioner,

v.

Frances M. ADKINS, Respondent.

No. 98–0785.

|

Feb. 4, 1999.

Attorneys & Firms

Bruce Bangert, Odessa, for Petitioner.

Barry L. Hart, Odessa, for Respondent.

Opinion

PER CURIAM.

In this case, the court of appeals held that the mailbox rule, Texas Rule of Civil Procedure 5, applies to Texas Labor Code section 410.253 filings with the Texas Workers’ Compensation Commission. 969 S.W.2d 142; see tex.R. Civ. P. 5; Tex. Lab.Code § 410.253. We agree. See Albertson’s Inc. v. Sinclair, 984 S.W.2d 958, 962 (1999). Accordingly, we deny Ector County Independent School District’s petition for review. However, we disapprove of the court of appeals’ statement that timely filing with the Commission under section 410.253 is jurisdictional. See Sinclair, 984 S.W.2d at 962.