Suit over man’s trigger finger injury dismissed

David Yates Feb. 4, 2015, 1:25pm


A suit over an injury to a man’s trigger finger has been dismissed for lack of jurisdiction.

Baytown resident Anthony Whitehurst filed a pro se complaint seeking judicial review of a workers’ compensation decision July 9 in the Jefferson County District Court against Texas Mutual Insurance Co.

On Monday Judge Milton Shuffield, 136th District Court, granted Texas Mutual’s motion to dismiss for lack of jurisdiction, court records show.

Whitehurst alleged he was diagnosed with a cervical sprain Nov. 27, 2006, and with trigger finger injuries on March 26, 2007. On May 4, 2007, Texas Mutual Insurance disputed that Whitehurst should not receive compensation for his trigger finger injuries, arguing it was not part of the injury he received while working.

During an April 16, 2013, hearing, the Texas Department of Insurance agreed to accept the previously disputed trigger finger injuries as part of the compensable injury. In turn, Whitehurst sought to have the related medical procedures compensated, the suit states.

However, a hearing officer held that the matter had already been tried and the Texas Department of Insurance did not have jurisdiction to adjudicate the issue.

Whitehurst sought a finding that res judicata does not prohibit a second hearing.

Case No. D195-871

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