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Untimeliness of Widow's Request for Review Didn't Deprive Court of Jurisdiction Over Claim

By WorkCompCentral

Friday, May 19, 2017 | 1226 | 0

A Texas appellate court ruled that the 45-day deadline for filing judicial review claims is not a jurisdictional rule. Case: Chicas v. Texas Mutual, No. 01-16-00226-CV, 05/16/2017, published. Facts and procedural: Santiago Chicas was cleaning the rain gutters at a home owned by his employer when he fell from a ladder and died. His widow filed a claim for death benefits with the employer’s comp carrier, the Texas Mutual Insurance Co. When Texas Mutual denied her claim, the widow requested a hearing before the Division of Workers’ Compensation. She also filed a wrongful death acti...

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