Andrews v. Utica Mutual Insurance Co.

OPINION

DUGGAN, Justice.

This is an appeal from an interlocutory judgment in a worker’s compensation suit, overruling appellant’s plea of privilege to be sued in the county of his residence.

The situation presented is the inevitable result of the “race to the courthouse” scenario built into Texas worker’s compensation practice by the adoption of Article 8307, Section 5, V.A.T.S. (hereafter “the Act”). Before the August 29, 1977 effective date of the Act’s amendment, an appeal from an award made by the Industrial Accident Board (hereafter “the Board”) could be made by either party by filing suit…