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This case addresses whether a doctor designated by the Texas Workers’ Compensation Commission (TWCC) can bring an interlocutory appeal from the denial of a summary judgment motion in a suit filed by an injured worker. Dr. Charles Xeller and Medical Evaluation Specialists, Inc. (MES) appealed the denial of their summary judgment motion, which asserted immunity under the Texas Labor Code, against claims by Richard Locke. Locke had filed third-party claims against Xeller and MES, alleging fraud, civil conspiracy, intentional infliction of emotional distress, and breach of duty of good faith and fair dealing, after Xeller, as a designated doctor, assessed Locke with a 0% impairment rating. The court dismissed the appeal for lack of jurisdiction, ruling that Xeller and MES are not officers or employees of the state and, therefore, do not qualify for an interlocutory appeal under section 51.014(a)(5) of the Texas Civil Practice & Remedies Code. The court clarified that immunity from liability, while a meaningful defense, does not equate to immunity from suit or the right to an interlocutory appeal, which must be explicitly granted by statute.
Xeller v. Locke is a workers' compensation case decided in Texas Court of Appeals, 14th District (Houston). This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Court of Appeals, 14th District (Houston).
Full Decision Text1 Pages
This case addresses whether a doctor designated by the Texas Workers’ Compensation Commission (TWCC) can bring an interlocutory appeal from the denial of a summary judgment motion in a suit filed by an injured worker. Dr. Charles Xeller and Medical Evaluation Specialists, Inc. (MES) appealed the denial of their summary judgment motion, which asserted immunity under the Texas Labor Code, against claims by Richard Locke. Locke had filed third-party claims against Xeller and MES, alleging fraud, civil conspiracy, intentional infliction of emotional distress, and breach of duty of good faith and fair dealing, after Xeller, as a designated doctor, assessed Locke with a 0% impairment rating. The court dismissed the appeal for lack of jurisdiction, ruling that Xeller and MES are not officers or employees of the state and, therefore, do not qualify for an interlocutory appeal under section 51.014(a)(5) of the Texas Civil Practice & Remedies Code. The court clarified that immunity from liability, while a meaningful defense, does not equate to immunity from suit or the right to an interlocutory appeal, which must be explicitly granted by statute.
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