APPEALS COURT UPHOLDS DISMISSAL OF INJURED WORKER’S INSURANCE CLAIM FOR FAILURE TO TIMELY FILE LAWSUIT

Recently,  the  Texarkana  Court  of  Appeals  affirmed  the  district  court’s  dismissal  of  a workers' compensation lawsuit because plaintiff failed to file his original petition within 45-days of the decision denying him relief by the Texas Department of Insurance Workers’ Compensation appeals panel. Castleberry v. ACE American Insurance Co., 2011 WL 3332077 (Tex.App.—Texarkana [6th.Dist] 2011). Section 410.252 of the Texas Labor Code requires that a party appealing a decision of the commission file suit no later than 45 days after the date on which the decision of the appeals panel was mailed to that party. In Castleberry, the Court found that Plaintiff filed suit well after 45-day period.