Opinion
NUMBER 13-17-00063-CV
02-07-2017
BERRY CONTRACTING, L.P., D/B/A BAY, LTD., AND JUAN TOMAS HERNANDEZ ALVAREZ, Appellants, v. GERNAL RANDOLPH MANN AND JENNIFER MANN, Appellees.
On appeal from the County Court at Law No. 3 of Nueces County, Texas.
ORDER
Before Justices Rodriguez, Contreras, and Longoria
Order Per Curiam
Justice Dori Contreras, formerly Dori Contreras Garza. See TEX. FAM. CODE ANN. § 45.101 et seq. (West, Westlaw through 2015 R.S.).
Berry Contracting, LP, d/b/a Bay, Ltd. and Juan Tomas Hernandez Alvarez filed a petition for permissive interlocutory appeal on January 23, 2017. See TEX. R. APP. P. 28.3. The Court, having examined and fully considered the petition, is of the opinion that the petition should be granted. Accordingly, we GRANT permission to appeal.
In briefing this case, we urge the parties to address whether the Texas Workers' Compensation Commission has exclusive jurisdiction over this suit and whether access to the district court is available before an exhaustion of administrative remedies. Specifically, the parties are requested to express their views, if any, on whether an insurer's course-and-scope determination must be subject to administrative review and exhaustion of administrative remedies, pursuant to chapter 410 of the Texas Labor Code and American Motorists Insurance Co. v. Fodge, 63 S.W.3d 801, 803 (Tex. 2001). See TEX. LABOR CODE ANN. §§ 410.251, 410.301 (West) (West, Westlaw through 2015 R.S.) (defining procedure for exhaustion of administrative remedies and appeal to the district court for "compensability" issues); Morales v. Liberty Mut. Ins. Co., 241 S.W.3d 514, 518 (Tex. 2007) ("Whether the injury occurred in the course and scope of employment is an issue that regards compensability."); see also Cont'l Cas. Ins. Co. v. Functional Restoration Assocs., 19 S.W.3d 393, 398 (Tex. 2000).
A notice of appeal is deemed to have been filed on this date. See TEX. R. APP. P. 28.3(k). The appeal will be governed by the rules for accelerated appeals. Id.; see TEX. R. APP. P. 28.1 ("The deadlines and procedures for filing the record and briefs in an accelerated appeal are provided in Rules 35.1 and 38.6.").
We direct the Clerk of this Court to file a copy of this order with the trial court clerk. See TEX. R. APP. P. 28.3(k).
It is so ORDERED.
PER CURIAM Delivered and filed the 7th day of February, 2017.