522 S.W.3d 67
Tex. App.2017Background
- Santiago Chicas fell from a ladder and died; his widow Bertila Chicas sought workers’ compensation death benefits from Texas Mutual and filed a wrongful-death suit in probate court.
- The Division of Workers’ Compensation (DWC) and its appeals panel concluded Santiago was not acting in the course and scope of employment; the appeals-panel decision became final on January 5, 2015.
- Labor Code § 410.252(a) requires judicial review suit to be filed within 45 days of mailing of the appeals-panel decision; Bertila amended her probate petition to assert judicial-review claims within 45 days.
- The probate court later dismissed the judicial-review claims; Bertila refiled the claims in district court 12 days after that dismissal.
- Texas Mutual moved to dismiss in district court, arguing the 45-day deadline is jurisdictional (so refiling after dismissal was untimely); the trial court granted the plea to the jurisdiction.
- The appellate court reversed, holding the 45-day deadline in § 410.252(a) is mandatory but not jurisdictional and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 45-day filing deadline in Tex. Lab. Code § 410.252(a) is jurisdictional | The 45-day deadline is not jurisdictional; it can be tolled while claims were pending in probate court (so refiled district suit is timely) | The 45-day deadline is jurisdictional; failure to meet it deprives district court of subject-matter jurisdiction and cannot be tolled | The court held the 45-day deadline is mandatory but not jurisdictional (statute is a limitations-type rule, not a jurisdictional prerequisite) |
Key Cases Cited
- Dubai Petroleum Co. v. Kazi, 12 S.W.3d 71 (Tex. 2000) (overruled precedent treating statutory prerequisites as automatically jurisdictional)
- In re United Servs. Auto. Ass'n, 307 S.W.3d 299 (Tex. 2010) (reluctance to deem time limits jurisdictional absent clear legislative intent)
- Prairie View A & M Univ. v. Chatha, 381 S.W.3d 500 (Tex. 2012) (legislative provision making statutory prerequisites jurisdictional in suits against government distinguishes those cases)
- Mapco, Inc. v. Forrest, 795 S.W.2d 700 (Tex. 1990) (discusses finality and consequences of jurisdictional rulings)
- Tex. Dep't of Transp. v. Beckner, 74 S.W.3d 98 (Tex. App.—Waco 2002, no pet.) (characterized § 410.252(a) deadline as a limitations period, not jurisdictional)