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Employment Law No. 02-0100, 6/5/2003. Click here for the full text of this decision FACTS: The court of appeals concluded that Timothy Austin’s claim for workers’ compensation benefits is not barred by the election-of-remedies doctrine. HOLDING: The petition for review is denied. The court concludes with the court of appeals’ conclusion. To reach its decision, however, the court of appeals held that Texas Labor Code �409.009 abrogated the doctrine in workers’ compensation cases where group health insurance is also involved. But the court did not need to reach that holding to decide this case. Consequently, the court does not reach the merits of the court of appeals’ holding and leaves open the question of whether �409.009 abrogates the election-of-remedies doctrine. OPINION: Per curiam; Wainwright, J., did not participate.

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