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Josie Krueger appealed a summary judgment denying her worker's compensation benefits claim against her employer, Atascosa County. Krueger, a dispatcher, developed post-traumatic stress disorder after witnessing a violent incident in 1999. Although a hearing officer initially found her injury compensable, the TWCC Appeals Panel reversed, citing untimely claim filing. Krueger sought judicial review, arguing that the Texas Association of Counties Workers’ Compensation Self-Insurance Fund (the Fund), representing Atascosa County, waived its right to dispute compensability by not timely filing a notice of dispute. The trial court granted summary judgment for the Fund. On appeal, the court affirmed, ruling that Krueger had forfeited her waiver argument by failing to present it to the TWCC Appeals Panel and that her claim was time-barred due to her failure to file within one year of the injury and lack of good cause for the delay, thus precluding a finding of compensable injury or disability.
Krueger v. Atascosa County 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
Josie Krueger appealed a summary judgment denying her worker's compensation benefits claim against her employer, Atascosa County. Krueger, a dispatcher, developed post-traumatic stress disorder after witnessing a violent incident in 1999. Although a hearing officer initially found her injury compensable, the TWCC Appeals Panel reversed, citing untimely claim filing. Krueger sought judicial review, arguing that the Texas Association of Counties Workers’ Compensation Self-Insurance Fund (the "Fund"), representing Atascosa County, waived its right to dispute compensability by not timely filing a notice of dispute. The trial court granted summary judgment for the Fund. On appeal, the court affirmed, ruling that Krueger had forfeited her waiver argument by failing to present it to the TWCC Appeals Panel and that her claim was time-barred due to her failure to file within one year of the injury and lack of good cause for the delay, thus precluding a finding of compensable injury or disability.
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