Court of Appeals of Texas,
San Antonio.
Joe Anthony ROMERO, Appellant,
v.
TEXAS WORKERS’ COMPENSATION COMMISSION, Onsite Commercial Staffing, and International Trading Company, Inc., Appellees.
No. 04-02-00512-CV.
|
June 4, 2003.
From the 157th Judicial District Court, Harris County, Texas, Trial Court No. 2002-07391; George Hanks, Judge Presiding.
Attorneys & Firms
Joe Anthony Romero, Houston, pro se.
Clay A. Hartmann, Akin Gump Strauss Hauer & Feld, L.L.P., Houston, Janine Red Balacki, Harris & Harris, Kevin Heyburn, Asst. Atty. Gen., Austin, John V. Jansonius, Dallas, for appellees.
Sitting: ALMA L. LÓPEZ, Chief Justice KAREN ANGELINI, Justice PHYLIS J. SPEEDLIN, Justice.
MEMORANDUM OPINION
Opinion by: ALMA L. LÓPEZ, Chief Justice.
*1 Joe Anthony Romero appeals the trial court’s order dismissing his lawsuit for lack of jurisdiction. Section 410.252 of the Texas Labor Code provides that a party may seek judicial review of an appeals panel’s decision by filing suit not later than the 40th day after the date on which the decision of the appeals panel was filed with the division. Tex. Lab.Code Ann. § 410.252 (Vernon 1996). In this case, the appeals panel’s decision was filed with the division on January 2, 2002. As a result, Romero was required to file his lawsuit not later than Monday, February 11, 2002. Romero filed his lawsuit on February 12, 2002. Accordingly, the lawsuit was untimely filed, and the trial court properly dismissed the lawsuit for lack of jurisdiction.1 See LeBlanc v. Everest Nat’l Ins. Co., 98 S.W.3d 786, 789 (Tex.App.-Corpus Christi 2003, no pet.); Boone v. St. Paul Fire & Marine Ins. Co., 968 S.W.2d 468, 470 (Tex.App.-Fort Worth 1998, pet. denied); Morales v. Employers Cas. Co., 897 S.W.2d 866, 868 (Tex.App.-San Antonio 1995, writ denied). The trial court’s order is affirmed.
Footnotes |
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| 1 | We note that the decision of the hearing officer was likely final because Romero failed to timely appeal to the appeals panel. Tex. Lab.Code Ann. § 410.169 (Vernon 1996). | |