Texas Supreme Court
Continental Casualty Insurance Company, Petitioner v. Functional Restoration Associates, Productive Rehabilitation…
July 6, 200019 S.W.3d 393
Summary
The Texas Supreme Court held that Continental Casualty Insurance Co. has no statutory right to judicial review of the Workers’ Compensation Commission’s medical benefits decision and, having failed to plead an inherent constitutional right, the district court properly dismissed the suit; dissenting justices argued the majority erred in treating the waiver of the constitutional claim as a jurisdictional bar and in construing the statute to deny review.