Chicas v. Texas Mutual Insurance Co.

OPINION

Sherry Radack, Chief Justice

The trial court granted Texas Mutual Insurance Company’s plea to the jurisdiction and dismissed Bertila Chicas’s suit for judicial review because it was not filed within 45 days- of a final decision by the Division of ' Workers’ Compensation [“DWC”].1 In so ruling,' the trial court necessarily concluded that the 45-day time limit for filing a suit for judicial review is a jurisdictional, statutory prerequisite. Because we disagree, we reverse the judgment and remand for further proceedings.

BACKGROUND

Santiago Chicas was cleaning the rain gutters at the home…