Legal Opinion

Planet Insurance Co. v. Serrano

Texas Court of Appeals, 4th District (San Antonio)

Decided November 13, 1996No. 04-95-00758-CVPublishedCited by 15 opinions

1Opinion of the Court

OPINION

HILL, Justice 1 .

In this worker’s compensation case, Planet Insurance Company appeals from a trial court’s dismissal of its appeal from a final decision of an administrative appeals panel of the Texas Workers’ Compensation Commission. Planet contends in five points of error that the trial court erred in granting the Motion To Dismiss for Want of Jurisdiction filed by Manuel Serrano, the worker, because: (1) the service provision of § 410.253 of the Texas Labor Code, Title V, Subtitle A, is directory rather than mandatory and is therefore not a jurisdictional requirement; (2) the Texas…

2Cases cited8 opinions

  1. Schroeder v. Texas Iron Works, Inc.Texas Supreme Court · 1991
  2. Chisholm v. Bewley MillsTexas Supreme Court · 1956
  3. Morales v. Employers Casualty Co., Texas Court of Appeals, 4th District (San Antonio)1995
  4. White v. TaylorTexas Supreme Court · 1956
  5. Heard v. Texas Compensation Ins.Court of Appeals for the Fifth Circuit · 1936

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3Cited by15 opinions

  1. Benavidez v. Travelers Indemnity Co. of Connecticut, Texas Court of Appeals, 3rd District (Austin)1998
  2. Continental Casualty Insurance Co. v. Functional Restoration Associates, Texas Court of Appeals, 3rd District (Austin)1998
  3. Texas Workers' Compensation Insurance v. Ashy, Texas Court of Appeals, 9th District (Beaumont)1998
  4. Insurance Co. of Pennsylvania v. Lejeune, Texas Court of Appeals, 6th District (Texarkana)2008
  5. San Antonio Water System v. Debra Nicholas, Texas Court of Appeals, 4th District (San Antonio)2013

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