NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.
Select a state from the dropdown menu below to scroll through the state specific archives for updates and opinions on various workers’ compensation laws in your state.
Contact information for NWCDN members is also located on the state specific links in the event you have additional questions or your company is seeking a workers’ compensation lawyer in your state.
The First District Court of Appeals in Houston has upset the apple cart again. In an opinion recently issued, it held that the 45-day deadline for filing judicial review lawsuits to overturn a final decision of the Division is a statute of limitations, not a jurisdictional requirement. This decision is in contrast to the opinions of other courts of appeal. What this means is that late-filed judicial review lawsuits would not be dismissed on the basis that the court lacked the power to hear the case – a jurisdictional argument which would be an absolute bar to bringing the case. Instead, the Court held that the 45-day deadline is a statute of limitations, with the result that the party bringing the case could argue that the statute of limitations was tolled based on the particular circumstances of the case, such as where Section 16.064 of the Texas Civil Practices and Remedies Code provisions might apply. Chicas v. Texas Mutual Insurance Company, 522 S.W.3d 67 (1st Dist. Houston) 2017.