Fortenberry v. Great Divide Insurance Co. (Opinion)
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The Supreme Court reversed the judgment of the court of appeals concluding that neither party had established proper venue in this workers' compensation case, holding that the record adequately demonstrated that venue was mandatory in Dallas County.
Tex. Labor Code 410.252(b), a mandatory venue provision governing suits for judicial review of administrative decisions regarding workers' compensation benefits, requires that suit be brought in "the county where the employee resided at the time of the injury." At issue in this case was whether judicial review of the denial of the workers' compensation claim brought by a Texas Tech University offensive lineman who signed a contract to play for the Dallas Cowboys and was injured while attending the team's training camp in California was proper in Travis County, the county to which the insurer sought transfer, or Dallas County. A Dallas County jury found in favor of the plaintiff on his appeal of the denial of his workers' compensation claim. The court of appeals reversed, concluding that neither party had established proper venue. The Supreme Court reversed, holding that the plaintiff "resided" in Dallas County at the time of his injury, as required by section 410.252(b), and therefore, venue was mandatory in Dallas County.
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