holding that the twenty-day filing deadline in the predecessor to section 410.252(a) was a general statute of limitations with which compliance was required to invoke the trial court=s jurisdiction
How later courts described this case
- holding that the twenty-day filing deadline in the predecessor to section 410.252(a) was a general statute of limitations with which compliance was required to invoke the trial court=s jurisdiction
- holding that the filing deadline was tolled where the parent company filed suit rather than the subsidiary, but the defendant was not misled or disadvantaged by the mistake
- holding provision setting time period in which to appeal Industrial Accident Board decision to be a general statute of limitation
- noting that the proper party to a workers’ compensation appeal is the insurance carrier, not the employer
Written by the judges who cited it.
The opinion
ROBERTSON, Justice,
concurring.
I concur that the motion for rehearing should be overruled because by this opinion Garcia v. Employers’ Casualty Co., 519 S.W.2d 685 (Tex.Civ.App.—Amarillo 1975, writ ref’d n.r.e.) has been overruled. Therefore the running of the statute of limitations is to be tolled for the complainant who inadvertently files a petition misnaming the insurance carrier as well as a compensation carrier who misnames itself.