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At a Glance:
Title:
Battarbee v. Transportation Ins. Co.
Date:
December 9, 1999
Citation:
05-97-02052-CV
Status:
Unpublished Opinion

Battarbee v. Transportation Ins. Co.

Court of Appeals of Texas, Dallas.

Larry BATTARBEE, Appellant,

v.

TRANSPORTATION INSURANCE COMPANY, Appellee.

No. 05-97-02052-CV.

|

Dec. 9, 1999.

On Appeal from the 101st District Court, Dallas County, Texas, Trial Court Cause No. 94-7429-E.

Before BRIDGES, JJ.

OPINION

BRIDGES.

*1 Larry Battarbee appeals the trial court’s dismissal of his petition seeking judicial review of a Texas Workers’ Compensation Appeals Panel decision. In a single point of error, Battarbee argues the trial court erred in dismissing his petition for want of jurisdiction. We reverse the trial court’s dismissal order and remand this cause for further proceedings.

The Texas Workers’ Compensation Appeals Panel filed its final decision in this case on June 16, 1994. Forty days later, as required by Tex.Lab.Code Ann. § 410.252(a) (Vernon 1996). However, Battarbee did not mail a copy of the petition to the Texas Worker’s Compensation Commission until August 1, 1994. The trial court dismissed Battarbee’s petition for want of jurisdiction because it was not sent to the commission within forty days of the Appeals Panel’s decision.

A party seeking judicial review of a decision of the Appeals Panel must file suit not later than the fortieth day after the date on which the decision is filed. Albertson’s, Inc. v. Sinclair, 984 S.W.2d 958, 960-61 (Tex.1999). Accordingly, the trial court erred in concluding that it lacked jurisdiction over this case because Battarbee’s petition was filed late. We sustain Battarbee’s sole point of error.

We reverse the trial court’s judgment and remand this cause for further proceedings.

End of Document
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