Waco Court of Appeals Limits TC Jurisdiction
The 10th Court of Appeals, sitting in Waco, has concluded that a trial court had no jurisdiction to consider the duration of an injured worker’s disability where the underlying DWC decision found that the claimant had no disability because the injury had not been timely reported.
In Insurance Co. of the State of PA v. Hughes, the court wrote:
The DWC decision determined that because Hughes did not sustain a compensable injury, she did not have disability. The DWC decision was based upon its finding that Hughes date of injury was July 28, 2004 and that Hughes did not notify her employer until August 31, 2006. Because the DWC found that Hughes did not have disability, the DWC did not determine the duration of the disability.
The question on the duration of the disability should not have been submitted to the jury. The jury found that the date of injury was August 31, 2006, and that Hughes sustained a compensable injury. The Workers’ Compensation Act provides in Section 410.207 that during judicial review of the appeals panel decision on any disputed issue relating to a workers’ compensation claim, the division retains jurisdiction of all other issues related to the claim. TEX. LABOR CODE ANN. 410.207 (West 2006). After the jury verdict finding that Hughes sustained a compensable injury, the claim must return to the DWC for a determination of the duration of disability.
The decision is available.
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