The trial court granted the appellee's motion to dismiss based on the appellant's failure to exhaust administrative remedies in this suit seeking payment for medical services rendered to the appellee's employee. an employer's failure to provide the required injury report to its insurance carrier pursuant to section 409.005 does not forfeit the employer's protections under the Workers' Compensation Act. Because it is undisputed that the appellant did not engage in any administrative remedies, let alone exhaust them, prior to filing suit, the district court did not have subject matter jurisdiction over this dispute. The trial court's judgment is affirmed.
Hand & Wrist Center of Houston, P.A. v. SGS Control Services, Inc.
Tex. App. Dist. 1
July 30, 2013