| History:
A person may file a written claim with the division as a subclaimant if the person has:
(1) provided compensation, including health care provided by a health care insurer, directly or indirectly, to or for an employee or legal beneficiary; and
(2) sought and been refused reimbursement from the insurance carrier.
Acts 1993, 73rd Leg., ch. 269, �1, eff. Sept. 1, 1993. Amended by Acts 2005, 79th Leg., effective 09/01/05.
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Relevant Case Law
Note: The election-of-remedies doctrine is abrogated in workers' compensation cases where group health insurance is involved.
Note: Where claimant settles a claim against an employer and later pursues workers' compensation benefits, the settlement rises to the level of an election of remedies.
Note: Employee does not waive claim to workers' comp. benefits by pursuing group health insurance benefits.
Note: Trial ct. has no jurisdiction over negligence claim until administrative remedies have been exhausted regarding related breach of contract claim.
Note: The employer isn't entitled to recover reimbursement from insurer when the employee was barred from recieving benefits.
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