Crosland v. Texas Employment Commission

I must respectfully dissent. The statute at hand, properly construed, does not allow the filing of a petition before the decision of the Commission becomes final. I do not agree that this strict construction leads to a “harsh and absurd” result, rather, I conclude that the language of the statute is clear and unambiguous, and that the prohibition of premature filing indicates a rational legislative intent to preserve the jurisdiction of the Commission, as well as to protect the rights of other parties to the administrative proceeding.

The court’s holding, as stated by the opinion of the Chief…