In re Mid–Century Ins. Co. of Tex.
426 S.W.3d 169 (Tex. App.-Houston [1st Dist.] 2012, orig. proceeding)
On behalf of Mid-Century Ins. Co., we filed a successful petition for writ of mandamus with the Houston First Court of Appeals which it granted based on its finding that the trial court abused its discretion in denying Mid-Century’s plea to the jurisdiction. Mid-Century’s plea to the jurisdiction sought dismissal of a lawsuit filed against it by TH Healthcare, Ltd. d/b/a Park Plaza Hospital. A writ of mandamus is an extraordinary remedy that is granted only in exceptional circumstances. The court of appeals must find that the trial court abused its discretion and that the party has no adequate remedy on appeal. The court of appeals clarified what constitutes a “network” medical fee dispute, over which the Division of Workers’ Compensation has no jurisdiction, versus a “non-network” fee dispute, over which the Division has exclusive jurisdiction. The court of appeals also rejected the hospital’s argument that the Division has no jurisdiction over fee disputes involving contracts.
