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Dora Benavidez initiated a workers' compensation claim, which was administratively ruled final regarding an impairment rating. After the appeals panel affirmed this ruling on October 25, 1996, Benavidez sought judicial review, filing a district court petition against Travelers Indemnity Company of Connecticut on December 4, 1996. The trial court dismissed her petition for lack of jurisdiction because she failed to file a copy with the Texas Workers' Compensation Commission within the statutory forty-day period. This court affirmed the dismissal, holding that Texas Labor Code sections 410.252 and 410.253 impose a mandatory and jurisdictional requirement for simultaneously filing the petition with both the court and the Commission within forty days of the appeals panel's decision.
Benavidez v. Travelers Indemnity Co. of Connecticut is a workers' compensation case decided in Texas Court of Appeals, 3rd District (Austin). This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Court of Appeals, 3rd District (Austin).
Full Decision Text1 Pages
Dora Benavidez initiated a workers' compensation claim, which was administratively ruled final regarding an impairment rating. After the appeals panel affirmed this ruling on October 25, 1996, Benavidez sought judicial review, filing a district court petition against Travelers Indemnity Company of Connecticut on December 4, 1996. The trial court dismissed her petition for lack of jurisdiction because she failed to file a copy with the Texas Workers' Compensation Commission within the statutory forty-day period. This court affirmed the dismissal, holding that Texas Labor Code sections 410.252 and 410.253 impose a mandatory and jurisdictional requirement for simultaneously filing the petition with both the court and the Commission within forty days of the appeals panel's decision.
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