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St. Paul Fire and Marine Insurance Co. v. Meador3/11/1999
The primary issue in this workers' compensation case is whether timely filing of a petition with the Texas Workers' Compensation Commission is jurisdictional in nature. Because we conclude the filing requirement of section 410.253 of the Texas Labor Code is not jurisdictional, we reverse the dismissal judgment of the trial court and remand the case to the trial court.
I. INTRODUCTION AND PROCEDURAL HISTORY
Valerie Meador ("Meador") claimed to have sustained compensable injuries under the Texas Workers' Compensation Act on September 23, 1992. St. Paul Fire and Marine Insurance Company ("St. Paul") provided workers' compensation insurance coverage for Meador's employer. After a contested case hearing, the hearing officer of the Texas Workers' Compensation Commission determined that Meador sustained an occupational disease in the course and scope of her employment. On March 25, 1996, the Appeals Panel of the Texas Workers' Compensation Commission ("Appeals Panel") affirmed that decision.
On April 23, 1996, St. Paul sought judicial review of the Appeals Panel's decision by timely filing its original petition against Meador in the district court of Parker County. On June 18, 1996, the Texas Workers' Compensation Commission ("TWCC") filed a petition in intervention asserting the decision of the Appeals Panel is correct and should be upheld.
Both Meador and TWCC then filed motions to dismiss for lack of subject matter jurisdiction, alleging St. Paul had not complied with Labor Code section 410.253 by filing its petition with TWCC within 40 days from the date of the Appeals Panel's decision.
II. THE HEARING ON TWCC'S MOTION TO DISMISS
On January 28, 1997, the court held an evidentiary hearing on TWCC's motion to dismiss. TWCC introduced the following exhibits which were attached to its motion to dismiss:
• The decision of the Appeals Panel filed March 25, 1996, ruling in favor of Meador.
• A copy of St. Paul's original petition, filed April 23, 1996.
• A May 23, 1996 letter from St. Paul's attorney to TWCC reciting in full " nclosed for your information and file is a copy of the petition which has recently been filed in the above-referenced matter in the 33rd Judicial District Court of Burnet County, Texas."
• A "Certification of Specified Instrument(s)" signed January 16, 1997 by TWCC's custodian of records, stating that St. Paul's original petition was received by TWCC on May 28, 1996.
St. Paul offered the affidavit of Lenette Sadler, a legal secretary for the attorney representing St. Paul, dated January 27, 1997. Sadler recited that she was responsible in this case for preparing the filing letter and sending St. Paul's original petition to the court and TWCC. She stated that on April 22, 1996, on the same date St. Paul's original petition was sent to the trial court, "a copy of the petition was mailed to the TWCC in Austin, Texas." Sadler recited that thereafter, TWCC contacted her and asked for a copy of the petition, and she sent a duplicate copy to them on May 23, 1996.
At the Conclusion of the hearing the court held it did not have jurisdiction over this case because St. Paul's petition was not filed with TWCC within 40 days after the date on which the decision of the Appeals Panel was filed. Accordingly, the court dismissed the case for lack of jurisdiction.
III. THE TEXAS LABOR CODE
Several relevant sections of the Texas Labor Code are contained in Subchapter F, entitled "Judicial Review-General Provisions":
§ 410.251. Exhaustion of Remedies
A party that has exhausted its admi
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