Sec. 410.252. TIME FOR FILING PETITION; VENUE. (a) A party may seek judicial review by filing suit not later than the 45th day after the date on which the division mailed the party the decision of the appeals panel. For purposes of this section, the mailing date is considered to be the fifth day after the date the decision of the appeals panel was filed with the division.
(b) The party bringing suit to appeal the decision must file a petition with the appropriate court in:
(1) the county where the employee resided at the time of the injury or death, if the employee is deceased; or
(2) in the case of an occupational disease, in the county where the employee resided on the date disability began or any county agreed to by the parties.
(c) If a suit under this section is filed in a county other than the county described by Subsection (b), the court, on determining that it does not have jurisdiction to render judgment on the merits of the suit, shall transfer the case to a proper court in a county described by Subsection (b). Notice of the transfer of a suit shall be given to the parties. A suit transferred under this subsection shall be considered for all purposes the same as if originally filed in the court to which it is transferred.
(d) If a suit is initially filed within the 45-day period in Subsection (a), and is transferred under Subsection (c), the suit is considered to be timely filed in the court to which it is transferred.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 663, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1200 (H.B. 4545), Sec. 1, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1066 (S.B. 809), Sec. 1, eff. September 1, 2011.
Notes of Decisions
Combined Specialty Ins. Co. v. Deese, 266 S.W.3d 653 (Tex. App. 2008).
· cites it 4× “(citing TEX. LAB.CODE § 410.252). All other appealable *665 issues were appealable "to the district court in Travis County under the Administrative Procedure Act for a substantial evidence review.”
Rodriguez v. Serv. Lloyds Ins. Co., 997 S.W.2d 248 (Tex. 1999).
· cites it 2× “If the dispute concerns something other than compensability or eligibility for or the amount of income or death benefits, a party must appeal the final decision, if it is appealable at all, to the district court in Travis County under the Administrative Procedure Act for a…”
Texas Mun. League Intergovernmental Risk Pool v. Burns, 209 S.W.3d 806 (Tex. App. 2006).
· cites it 2× “See Tex. Lab.Code Ann. § 410.252(a) (Vernon 2006) (providing that a party may seek judicial review by filing suit not later than the fortieth day after the date on which the decision of the appeals panel was filed with the division).”
Ins. Co. of State of Pennsylvania v. Orosco, 170 S.W.3d 129 (Tex. App. 2005).
· cites it 2× “Appellant moved to dismiss Orosco’s counterclaim on the grounds it was not filed within the forty-day deadline imposed by Texas Labor Code section 410.252, which provides that “[a] party may seek judicial review not later than the 40th day after the date on which the decision of…”
Ins. Co. of the State of Pennsylvania v. Lejeune, 297 S.W.3d 254 (Tex. 2009).
“also argues that Lejeune's failure to bring suit in his county of residence at the time of his injury violated the Workers' Compensation Act, see Tex Lab.Code § 410.252(b), and that the record lacks proof that Lejeune complied with the Act's requirement that copies of the…”
Albertson's, Inc. v. Sinclair, 984 S.W.2d 958 (Tex. 1999).
“Tex. Lab.Code § 410.252(a). Service A copy of the petition shall be simultaneously filed with the court and the commission and served on any opposing party.”
Texas Workers' Comp. Ins. v. Ashy, 972 S.W.2d 208 (Tex. App. 1998).
· cites it 4× “Since the enactment of the present Workers' Compensation Act, effective April 1, *210 1990, appeals are on the increase regarding the jurisdictional effect of Tex. Lab.Code Ann. §§ 410.252 and 410.253, following the exhausting of administrative remedies.”
— Tex. Lab. Code § 410.252(a) — 32 cases
Texas Mun. League Intergovernmental Risk Pool v. Burns, 209 S.W.3d 806 (Tex. App. 2006).
“See Tex. Lab.Code Ann. § 410.252(a) (Vernon 2006) (providing that a party may seek judicial review by filing suit not later than the fortieth day after the date on which the decision of the appeals panel was filed with the division).”
Albertson's, Inc. v. Sinclair, 984 S.W.2d 958 (Tex. 1999).
“Tex. Lab.Code § 410.252(a). Service A copy of the petition shall be simultaneously filed with the court and the commission and served on any opposing party.”
— Tex. Lab. Code § 410.252(b) — 8 cases
Ins. Co. of the State of Pennsylvania v. Lejeune, 297 S.W.3d 254 (Tex. 2009).
“also argues that Lejeune's failure to bring suit in his county of residence at the time of his injury violated the Workers' Compensation Act, see Tex Lab.Code § 410.252(b), and that the record lacks proof that Lejeune complied with the Act's requirement that copies of the…”
— Tex. Lab. Code § 410.252(b)(1) — 13 cases
— Tex. Lab. Code § 410.252(b)(2) — 1 case
— Tex. Lab. Code § 410.252(c) — 2 cases
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