Opinion
No. 04-04-00641-CV
Delivered and Filed: June 1, 2005.
Appeal from the 150th Judicial District Court, Bexar County, Texas, Trial Court No. 2004-Cl-02812, Honorable Martha Tanner, Judge Presiding.
Affirmed.
Sitting: Catherine STONE, Justice, Sarah B. DUNCAN, Justice, Rebecca SIMMONS, Justice.
MEMORANDUM OPINION
Christopher Kimbrough appeals the trial court's order dismissing his lawsuit for lack of jurisdiction. Section 410.252 of the Texas Labor Code provides that a party may seek judicial review of a worker's compensation commission appeals panel's decision by filing suit not later than the 40th day after the date on which the decision of the appeals panel was filed with the division of hearings. Tex. Lab. Code Ann. § 410.252 (Vernon 1996). In this case, the appeals panel's decision was filed with the division on January 6, 2004. As a result, Kimbrough was required to file his lawsuit not later than February 16, 2004. Kimbrough filed his lawsuit on February 23, 2004. Accordingly, the lawsuit was untimely filed, and the trial court properly dismissed the lawsuit for lack of jurisdiction. See LeBlanc v. Everest Nat'l Ins. Co., 98 S.W.3d 786, 789 (Tex.App.-Corpus Christi 2003, no pet.); Boone v. St. Paul Fire Marine Ins. Co., 968 S.W.2d 468, 470 (Tex.App.-Fort Worth 1998, pet. denied); Morales v. Employers Cas. Co., 897 S.W.2d 866, 868 (Tex.App.-San Antonio 1995, writ denied). The trial court's order is affirmed.