Case Involving ''Exhaustion of Administrative Remedies'' In Texas

In Producers Assistance Corp. v. Employers Ins. of Wausau, 934 S.W.2d 796 (Tex. App.-Houston [1st Dist.] 1996, no writ), Producers Assistance sought to recover payments for an injury claim Wausau Insurance denied. Producers Assistance also sought damages for breach of contract and breach of the duty of good faith and fair dealing. Wausau argued Producers Assistance failed to exhaust all administrative remedies before the Texas Workers Compensation Commission (TWCC). The court concluded when a plaintiff has claims that must be brought before an administrative body, combined with additional claims the administrative body has no authority to adjudicate, the trial court has no jurisdiction to consider the additional claims until the plaintiff has exhausted his or her administrative remedies regarding the claims over which the administrative body has the power to adjudicate. See Producers, 934 S.W.2d at 801.