Dorothy Hatfield v. San Antonio Independent School District--Appeal from 288th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-03-00344-CV
Dorothy HATFIELD,
Appellant
v.
SAN ANTONIO INDEPENDENT SCHOOL DISTRICT,
Appellee
From the 288th Judicial District Court, Bexar County, Texas
Trial Court No. 2001-CI-07422
Honorable Frank Montalvo, (1) Judge Presiding

Opinion by: Karen Angelini, Justice

Sitting: Alma L. L pez, Chief Justice

Paul W. Green, Justice

Karen Angelini, Justice

Delivered and Filed: February 4, 2004

AFFIRMED

In her sole issue, Appellant Dorothy Hatfield argues that the trial court erroneously granted Appellee San Antonio Independent School District's "Motion for Independent Mental Examination" pursuant to Texas Rule of Civil Procedure 204. Because Hatfield has failed to preserve error for appeal, we affirm the judgment of the trial court.

Background

On March 8, 2000, Dorothy Hatfield, a public school teacher, intervened in a fight between two female middle school students. One of the female students injured Hatfield. Hatfield sought medical treatment and was diagnosed with post-traumatic stress disorder. Hatfield filed a workers'

compensation claim with the Texas Workers' Compensation Commission ("TWCC"), alleging that her disorder was caused by the incident on March 8, 2000. Because Hatfield had a prior history of depression, San Antonio Independent School District ("SAISD") disputed that Hatfield's compensable injury of March 8, 2000 included post-traumatic stress disorder.

At the Benefits Contested Case Hearing, the hearing officer determined that Hatfield did suffer from post-traumatic stress disorder and that her disorder was a result of the March 8, 2000 incident. SAISD appealed the hearing officer's determination to the TWCC Appeals Panel. The Appeals Panel affirmed. SAISD then appealed the Appeals Panel's decision to district court. At trial, the jury found that Hatfield's compensable injury of March 8, 2000 did not extend to or include post-traumatic stress disorder. Hatfield now appeals to this court.

Mental Examination

SAISD filed a motion in district court requesting that the trial court order a mental examination of Hatfield pursuant to Texas Rule of Civil Procedure 204. Rule 204 provides that a trial "court may issue an order for examination only for good cause shown . . . ." Tex. R. Civ. P. 204.1(c) (emphasis added). Because Hatfield submitted to two independent medical examinations at the administrative level, she argues on appeal that the trial court erred in finding good cause for another medical examination. Hatfield, however, has failed to preserve this issue for appeal.

Hatfield did not file a response to SAISD's motion. There is no reporter's record of the hearing on SAISD's motion. As such, Hatfield has failed to show that she preserved error for appeal. See Tex. R. App. P. 33.1. Because Hatfield has not preserved this issue for appeal, we overrule her sole issue.

Conclusion

We affirm the judgment of the trial court.

Karen Angelini, Justice

1. The Honorable Frank Montalvo presided over the trial in this case and entered final judgment. The Honorable Pat Priest, however, granted appellee's motion for independent mental examination.