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Poplin v. Amerisure Mutual Insurance Co.

A widow appealed a take-nothing judgment in favor of an insurance carrier in her suit for judicial review of the denial of workers' compensation benefits in connection with her husband's death. The trial court granted summary judgment on the basis that the widow was time-barred from seeking judicial review because she failed to follow the procedures of the Texas Labor Code in serving the insurance carrier, procedures the trial court implicitly found required service by citation. Concluding the statute does not require service by citation, Houston's 14th Court of Appeals reversed and remanded the case to the trial court. Houston's 14th Court of Appeals, 14-09-00222-CV, 09-02-2010

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Reversed and Remanded and Opinion filed August 31, 2010.

OPINION

In this case, we determine whether the Texas Labor Code’s requirement that a party seeking judicial review of a final decision of the Texas Workers’ Compensation Commission must “serve any opposing party to the suit” compels service by citation. A widow appeals a take-nothing judgment in favor of an insurance carrier in her suit for judicial review of the denial of workers’ compensation benefits in connection with her husband’s death. The trial court granted summary judgment on the basis that the widow was time-barred from seeking judicial review because she failed to follow the procedures of the Texas Labor Code in serving the insurance carrier — procedures the trial court implicitly found required service by citation. Concluding the statute does not require service by citation, we reverse and remand.

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