National Liability & Fire Insurance Co. v. Allen

in which Chief Justice PHILLIPS, Justice ENOCH, Justice ABBOTT, Justice HANKINSON, Justice O’NEILL and Justice GONZALES joined.

We overrule National Liability’s motion for rehearing. We withdraw our opinion of February 3, 2000 and substitute the following in its place.

This workers’ compensation case presents three issues: (1) whether section 410.253 of the Texas Labor Code’s simultaneous-filing requirement is mandatory and jurisdictional; (2) whether Rule 5 of the Texas Rules of Civil Procedure, commonly known as the “mailbox rule,” applies to section 410.253 filings; and (3) whether facts and…