Van Independent School District v. McCarty

Chief Justice JEFFERSON, Justice HECHT, Justice OWEN, Justice WAINWRIGHT, Justice MEDINA, and Justice GREEN

joined.

Scott A. McCarty fried suit against Van Independent School District under Chapter 451 of the Texas Labor Code, contending he was terminated in retaliation for filing a workers’ compensation claim. The District filed a plea to the jurisdiction asserting McCarty had not exhausted his administrative remedies, which the trial court denied. The District fried an interlocutory appeal.1 The court of appeals affirmed.2

Generally, this Court does not have jurisdiction to consider a petition…