law-exclusive-jurisdiction-of-agency | exhaustion of administrative remedies requirement |
A party must exhaust all administrative remedies before seeking a judicial remedy when, as here, an
administrative agency has exclusive jurisdiction. Subaru, 84 S.W.3d at 221. The exhaustion requirement
ensures that the administrative agency has the opportunity to resolve disputed fact issues within its
exclusive jurisdiction before a court must address those issues. See Essenburg v. Dallas County, 988
S.W.2d 188, 189 (Tex. 1998) (per curiam). Because this case involves the interplay of two separate
disputes - one focusing on compensability and another on medical necessity - it is helpful to describe the
different resolution procedures that apply here under separate chapters of the Workers' Compensation
Act.
Stinson v. Ins. Co. of the State of Pennsylvania (Tex.App.- Houston [14th Dist.] Apr. 30, 2009)(Boyce)
extra-contractual claims against appellees the Insurance Company of the State of Pennsylvania, Gallagher
Bassett Services, Inc., and Belinda Ybarra. (workers compensation denial of claim)
(Stinson contends the trial court erred in dismissing her suit for want of jurisdiction based on an asserted
failure to exhaust available administrative remedies. We reverse and remand.
REVERSED AND REMANDED: Opinion by Justice Boyce
Before Justices Brock Yates, Seymore and Boyce)
14-07-00698-CV Sue Ann Stinson v. The Insurance Company of The State of Pennsylvania, Gallagher
Bassett Services, Inc., and Belinda Ybarra
Appeal from 61st District Court of Harris County
Trial Court Judge: JOHN J. DONOVAN
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