in Re Texas Alliance of Energy, AKA Texas Alliance of Energy Producers Workers' Compensation Self-Insured Group Trust
09-15-00263-CV
| Tex. App. | Aug 31, 2015Background
- Bennett sustained a compensable injury on Aug. 30, 2006.
- DWC issued two Appeals Panel decisions: (i) 2011: 19% IR, MMI 9/3/2008, no SIBs for quarters 1–6; (ii) 2014: permanent loss of SIBs for quarters 7–19.
- Bennett sued for judicial review of the 2011 decision in 2011; later amended pleadings added claims of negligence, IIED, and fraud.
- Trial court granted Bennett partial summary judgment on first through sixth quarters, and denied Relator’s pleas to dismiss and other defenses.
- Relator sought mandamus relief; this Court previously granted partial mandamus and directed dismissal of unexhausted issues.
- The 2015 amendments raised new administrative-remedies issues and asserted that Bennett exhausted remedies for the 7th–19th quarters, but not for some claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court lacked subject-matter jurisdiction over unexhausted claims | Bennett exhausted remedies for SIBs; some claims remain claims-handling. | DWC unresolved claims remain within exclusive jurisdiction. | Yes, for unexhausted medical and claims-handling claims. |
| Timeliness of judicial review for the 2014 Appeals Panel decision | Bennett filed timely challenges to the 2014 decision. | Filing did not occur within 45 days after mailing date. | Timeliness controls; petition not timely for 2014 decision. |
| Whether mandamus is appropriate to dismiss unexhausted or non-appealable claims | Relator argues mandamus proper to address jurisdictional issues. | Court should dismiss unexhausted/extra-contractual claims. | Relator not entitled to dismissal of all live claims; mandamus affirmed for medical-benefits claims only. |
| Scope of review restricted to issues decided by the Appeals Panel | Bennett sought broader review beyond 2011 panel. | Judicial review confined to issues from the appeals panel. | Review limited to 2011 panel issues; other issues remain unreviewed. |
Key Cases Cited
- Tex. Mut. Ins. Co. v. Ruttiger, 381 S.W.3d 430 (Tex. 2012) (judicial-review structure and exclusive remedy framework)
- In re Crawford & Co., 458 S.W.3d 920 (Tex. 2015) (DWC exclusive jurisdiction over claims-handling disputes)
- Thomas v. Long, 207 S.W.3d 334 (Tex. 2006) (trial court may dismiss non-jurisdictional claims while retaining others)
- Old Republic Ins. Co. v. Warren, 33 S.W.3d 428 (Tex. App.—Fort Worth 2000) (existing appellate remedy via mandamus where appropriate)
- Liberty Mut. Fire Ins. Co. v. Crawford, 295 S.W.3d 327 (Tex. 2009) (incidental district-court rulings; exhaustion principles)