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Case No. ADJ6736604

Regular

Sep 26, 2013

WHITNEY DITLEVSEN vs. GOLD COUNTRY TRUE VALUE, BERKSHIRE HATHAWAY

In this workers' compensation case, the applicant has been unable to secure a timely QME evaluation after four attempts due to scheduling issues with chosen physicians. The Appeals Board granted the applicant's petition for removal, overturning the WCJ's decision to issue another QME panel. The Board invoked its inherent powers to appoint a physician directly, deeming it necessary to expedite the resolution of permanent disability. A dissenting opinion argued this violated regulations and precedent by prioritizing expediency over established procedures.

Petition for RemovalQualified Medical EvaluatorPanel of QMEsAdministrative DirectorLabor Code Section 4062.2AD Rule 31.5(a)(2)Substantial EvidenceTimely EvaluationAgreed Medical EvaluatorWCJ

References

Case No. MISSING

Regular Panel Decision

May 01, 2009

In the Interest of B.G.

This case addresses the due process implications of Section 263.405 of the Texas Family Code, which sets accelerated appellate deadlines for parental rights termination cases. Petitioner Lester Williams, an indigent parent, had his parental rights terminated. His appointed counsel was substituted after the statutory fifteen-day deadline to file a statement of points on which he intended to appeal. Consequently, the trial court denied him an appellate record, deeming his appeal frivolous solely due to the late filing. Drawing on its previous decision in In re J.O.A., the Texas Supreme Court holds that due process prevents denying an appellate record on the sole basis of a late-filed statement of points, particularly when it hinders an indigent parent's ability to raise an ineffective assistance of counsel claim. The Court emphasizes the paramount private interests involved in parental rights cases and finds that the state's interest in expediency does not justify such a restriction. Therefore, the Supreme Court reverses the judgment of the court of appeals and remands the case, instructing that a complete appellate record be prepared and Williams's issues considered as if his statement of points had been timely filed.

Parental Rights TerminationDue ProcessIneffective Assistance of CounselAppellate ProcedureAccelerated AppealIndigent ParentStatement of Appellate PointsAppellate RecordTexas Family CodeConstitutional Law

References

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WHITNEY DITLEVSEN vs. GOLD COUNTRY TRUE VALUE, BERKSHIRE HATHAWAY

Petition for RemovalQualified Medical EvaluatorPanel of QMEsAdministrative DirectorLabor Code Section 4062.2AD Rule 31.5(a)(2)Substantial EvidenceTimely EvaluationAgreed Medical EvaluatorWCJ

In the Interest of B.G.