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This concurring opinion argues against the majority's conclusion that presentment is a prerequisite for filing a claim under the Anti-Retaliation Law against a county. Chief Justice Hardberger asserts that the Legislature, by enacting sections 504.002 and 451.001-003 of the Texas Labor Code, waived governmental immunity for such claims without imposing a notice requirement. He points to section 81.041 of the Local Government Code as a general authorization for suits against counties after presentment, effectively waiving immunity, but argues that the Anti-Retaliation Law itself does not include such a condition. Therefore, the opinion concludes that presentment to the Commissioner's Court is not required by the statute's clear language, and Garcia should be permitted to proceed with her counterclaim.
County of Bexar v. Garcia is a workers' compensation case decided in Texas Court of Appeals, 4th District (San Antonio). 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, 4th District (San Antonio).
Full Decision Text1 Pages
This concurring opinion argues against the majority's conclusion that presentment is a prerequisite for filing a claim under the Anti-Retaliation Law against a county. Chief Justice Hardberger asserts that the Legislature, by enacting sections 504.002 and 451.001-003 of the Texas Labor Code, waived governmental immunity for such claims without imposing a notice requirement. He points to section 81.041 of the Local Government Code as a general authorization for suits against counties after presentment, effectively waiving immunity, but argues that the Anti-Retaliation Law itself does not include such a condition. Therefore, the opinion concludes that presentment to the Commissioner's Court is not required by the statute's clear language, and Garcia should be permitted to proceed with her counterclaim.
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