reglab/housing_qa huggingface dataset:
TX Lab Code § 410.204 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter E. Appeals Panel|Section 410.204. Decision

Sec. 410.204.  DECISION.  (a)  The appeals panel shall review each request and issue a written decision on each reversed or remanded case.  The appeals panel may issue a written decision on an affirmed case as described by Subsection (a-1). The decision must be in writing and shall be issued not later than the 45th day after the date on which the written response to the request for appeal is filed.  The appeals panel shall file a copy of the decision with the commissioner.(a-1)  An appeals panel may only issue a written decision in a case in which the panel affirms the decision of an administrative law judge if the case:(1)  is a case of first impression;(2)  involves a recent change in law; or(3)  involves errors at the contested case hearing that require correction but do not affect the outcome of the hearing, including:(A)  findings of fact for which insufficient evidence exists;(B)  incorrect conclusions of law;(C)  findings of fact or conclusions of law regarding matters that were not properly before the administrative law judge; and(D)  legal errors not otherwise described by this subdivision.(b)  A copy of the decision of the appeals panel shall be sent to each party not later than the seventh day after the date the decision is filed with the division.(c)  If the appeals panel does not issue a decision in accordance with this section, the decision of the administrative law judge becomes final and is the final decision of the appeals panel.(d)  Each final decision of the appeals panel shall conclude with a separate paragraph stating:  "The true corporate name of the insurance carrier is (NAME IN BOLD PRINT) and the name and address of its registered agent for service of process is (NAME AND ADDRESS IN BOLD PRINT)."|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1456, Sec. 11.02, eff. June 17, 2001.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.193, eff. September 1, 2005.Acts 2011, 82nd Leg., R.S., Ch. 1162 (H.B. 2605), Sec. 17, eff. September 1, 2011.Acts 2017, 85th Leg., R.S., Ch. 839 (H.B. 2111), Sec. 15, eff. September 1, 2017.|
TX Lab Code § 410.205 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter E. Appeals Panel|Section 410.205. Effect of Decision

Sec. 410.205.  EFFECT OF DECISION.  (a)  A decision of the appeals panel regarding benefits is final in the absence of a timely appeal for judicial review.(b)  The decision of the appeals panel regarding benefits is binding during the pendency of an appeal under Subchapter F or G. |Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 955, Sec. 4, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.194, eff. September 1, 2005.|
TX Lab Code § 410.206 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter E. Appeals Panel|Section 410.206. Clerical Error

Sec. 410.206.  CLERICAL ERROR.  The division may revise a decision in a contested case hearing on a finding of clerical error.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.195, eff. September 1, 2005.|
TX Lab Code § 410.207 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter E. Appeals Panel|Section 410.207. Continuation of Division Jurisdiction

Sec. 410.207.  CONTINUATION OF DIVISION JURISDICTION.  During judicial review of the appeals panel decision on any disputed issue relating to a workers' compensation claim, the division retains jurisdiction of all other issues related to the claim.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.196, eff. September 1, 2005.|
TX Lab Code § 410.208 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter E. Appeals Panel|Section 410.208. Judicial Enforcement of Order or Decision; Administrative Violation

Sec. 410.208.  JUDICIAL ENFORCEMENT OF ORDER OR DECISION; ADMINISTRATIVE VIOLATION.  (a)  If a person refuses or fails to comply with an interlocutory order, final order, or decision of the commissioner, the division may bring suit in Travis County to enforce the order or decision.(b)  If an insurance carrier refuses or fails to comply with an interlocutory order, a final order, or a decision of the commissioner, the claimant may bring suit in the county of the claimant's residence at the time of the injury, or death if the employee is deceased, or, in the case of an occupational disease, in the county in which the employee resided on the date disability began or any county agreed to by the parties.(c)  If the division brings suit to enforce an interlocutory order, final order, or decision of the commissioner, the division is entitled to reasonable attorney's fees and costs for the prosecution and collection of the claim, in addition to a judgment enforcing the order or decision and any other remedy provided by law.(d)  A claimant who brings suit to enforce an interlocutory order, final order, or decision of the commissioner is entitled to a penalty equal to 12 percent of the amount of benefits recovered in the judgment, interest, and reasonable attorney's fees for the prosecution and collection of the claim, in addition to a judgment enforcing the order or decision.(e)  A person commits an administrative violation if the person fails or refuses to comply with an interlocutory order, final order, or decision of the commissioner within 20 days after the date the order or decision becomes final. |Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 397, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.197, eff. September 1, 2005.|
TX Lab Code § 410.209 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter E. Appeals Panel|Section 410.209. Reimbursement for Overpayment

Sec. 410.209.  REIMBURSEMENT FOR OVERPAYMENT.  The subsequent injury fund shall reimburse an insurance carrier for any overpayments of benefits made under an interlocutory order or decision if that order or decision is reversed or modified by final arbitration, order, or decision of the commissioner or a court.  The commissioner shall adopt rules to provide for a periodic reimbursement schedule, providing for reimbursement at least annually.|Added by Acts 1999, 76th Leg., ch. 955, Sec. 5, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.198, eff. September 1, 2005.|
TX Lab Code § 410.251 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter F. Judicial Review--General Provisions|Section 410.251. Exhaustion of Remedies

Sec. 410.251.  EXHAUSTION OF REMEDIES.  A party that has exhausted its administrative remedies under this subtitle and that is aggrieved by a final decision of the appeals panel may seek judicial review under this subchapter and Subchapter G, if applicable.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 410.252 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter F. Judicial Review--General Provisions|Section 410.252. Time for Filing Petition; Venue

Sec. 410.252.  TIME FOR FILING PETITION;  VENUE.  (a)  A party may seek judicial review by filing suit not later than the 45th day after the date on which the division mailed the party the decision of the appeals panel.  For purposes of this section, the mailing date is considered to be the fifth day after the date the decision of the appeals panel was filed with the division.(b)  The party bringing suit to appeal the decision must file a petition with the appropriate court in:(1)  the county where the employee resided at the time of the injury or death, if the employee is deceased;  or(2)  in the case of an occupational disease, in the county where the employee resided on the date disability began or any county agreed to by the parties.(c)  If a suit under this section is filed in a county other than the county described by Subsection (b), the court, on determining that it does not have jurisdiction to render judgment on the merits of the suit, shall transfer the case to a proper court in a county described by Subsection (b).  Notice of the transfer of a suit shall be given to the parties.  A suit transferred under this subsection shall be considered for all purposes the same as if originally filed in the court to which it is transferred.(d)  If a suit is initially filed within the 45-day period in Subsection (a), and is transferred under Subsection (c), the suit is considered to be timely filed in the court to which it is transferred.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 663, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1200 (H.B. 4545), Sec. 1, eff. September 1, 2009.Acts 2011, 82nd Leg., R.S., Ch. 1066 (S.B. 809), Sec. 1, eff. September 1, 2011.|
TX Lab Code § 410.253 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter F. Judicial Review--General Provisions|Section 410.253. Service

Sec. 410.253.  SERVICE.  (a)  A party seeking judicial review shall simultaneously:(1)  file a copy of the party's petition with the court;(2)  serve any opposing party to the suit; and(3)  provide a copy of the party's petition to the division.(b)  A party may not seek judicial review under Section 410.251 unless the party has provided the copy of the petition to the division under Subsection (a)(3).|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 397, Sec. 2, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.199, eff. September 1, 2005.Acts 2017, 85th Leg., R.S., Ch. 271 (H.B. 2061), Sec. 1, eff. September 1, 2017.|
TX Lab Code § 410.254 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter F. Judicial Review--General Provisions|Section 410.254. Intervention

Sec. 410.254.  INTERVENTION.  On timely motion initiated by the commissioner, the division shall be permitted to intervene in any judicial proceeding under this subchapter or Subchapter G.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.200, eff. September 1, 2005.|
TX Lab Code § 410.255 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter F. Judicial Review--General Provisions|Section 410.255. Judicial Review of Issues Other Than Compensability or Income or Death Benefits

Sec. 410.255.  JUDICIAL REVIEW OF ISSUES OTHER THAN COMPENSABILITY OR INCOME OR DEATH BENEFITS.  (a)  For all issues other than those covered under Section 410.301(a), judicial review shall be conducted in the manner provided for judicial review of a contested case under Subchapter G, Chapter 2001, Government Code.(b)  Judicial review conducted under this section is governed by the substantial evidence rule.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(53), eff. Sept. 1, 1995.|
TX Lab Code § 410.256 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter F. Judicial Review--General Provisions|Section 410.256. Court Approval of Settlement

Sec. 410.256.  COURT APPROVAL OF SETTLEMENT.  (a)  A claim or issue may not be settled contrary to the provisions of the appeals panel decision issued on the claim or issue unless a party to the proceeding has filed for judicial review under this subchapter or Subchapter G.  The trial court must approve a settlement made by the parties after judicial review of an award is sought and before the court enters judgment.(b)  The court may not approve a settlement except on a finding that:(1)  the settlement accurately reflects the agreement between the parties;(2)  the settlement adheres to all appropriate provisions of the law;  and(3)  under the law and facts, the settlement is in the best interest of the claimant.(c)  A settlement may not provide for:(1)  payment of any benefits in a lump sum except as provided by Section 408.128;  or(2)  limitation or termination of the claimant's right to medical benefits under Section 408.021.(d)  A settlement or agreement that resolves an issue of impairment may not be made before the claimant reaches maximum medical improvement and must adopt one of the impairment ratings under Subchapter G, Chapter 408.(e)  A party proposing a settlement before judgment is entered by the trial court may petition the court orally or in writing for approval of the settlement.(f)  Settlement of a claim or issue under this section does not constitute a modification or reversal of the decision awarding benefits for the purpose of Section 410.209.(g)  Settlement of a claim or issue must be in compliance with all appropriate provisions of the law, including this section and Section 410.258 of this subchapter.  A settlement which on its face does not comply with this section is void.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1267, Sec. 1, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 397, Sec. 3, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.2001, eff. September 1, 2005.|
TX Lab Code § 410.257 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter F. Judicial Review--General Provisions|Section 410.257. Judgment After Judicial Review

Sec. 410.257.  JUDGMENT AFTER JUDICIAL REVIEW.  (a)  A judgment entered by a court on judicial review of the appeals panel decision under this subchapter or Subchapter G  must comply with all appropriate provisions of the law.(b)  A judgment under this section may not provide for:(1)  payment of benefits in a lump sum except as provided by Section 408.128;  or(2)  the limitation or termination of the claimant's right to medical benefits under Section 408.021.(c)  A judgment that resolves an issue of impairment may not be entered before the date the claimant reaches maximum medical improvement.  The judgment must adopt an impairment rating under Subchapter G, Chapter 408, except to the extent Section 410.307 applies.(d)  A judgment under this section may not order reimbursement from the subsequent injury fund.(e)  A judgment under this section based on default or on an agreement of the parties does not constitute a modification or reversal of a decision awarding benefits for the purpose of Section 410. 209.(f)  A judgment that on its face does not comply with this section is void.|Added by Acts 1997, 75th Leg., ch. 1267, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 397, Sec. 4, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.2002, eff. September 1, 2005.|
TX Lab Code § 410.301 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter G. Judicial Review of Issues Regarding Compensability or Income or Death Benefits|Section 410.301. Judicial Review of Issues Regarding Compensability or Income or Death Benefits

Sec. 410.301.  JUDICIAL REVIEW OF ISSUES REGARDING COMPENSABILITY OR INCOME OR DEATH BENEFITS.  (a)  Judicial review of a final decision of the appeals panel regarding compensability or eligibility for or the amount of income or death benefits shall be conducted as provided by this subchapter.(b)  A determination of benefits before a court shall be in accordance with this subtitle.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.203, eff. September 1, 2005.|
TX Lab Code § 410.302 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter G. Judicial Review of Issues Regarding Compensability or Income or Death Benefits|Section 410.302. Admissibility of Records; Limitation of Issues

Sec. 410.302.  ADMISSIBILITY OF RECORDS; LIMITATION OF ISSUES.  (a)  The records of a contested case hearing conducted under this chapter are admissible in a trial under this subchapter in accordance with the Texas Rules of Evidence.(b)  A trial under this subchapter is limited to issues decided by the appeals panel and on which judicial review is sought.  The pleadings must specifically set forth the determinations of the appeals panel by which the party is aggrieved.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.204, eff. September 1, 2005.|
TX Lab Code § 410.303 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter G. Judicial Review of Issues Regarding Compensability or Income or Death Benefits|Section 410.303. Burden of Proof

Sec. 410.303.  BURDEN OF PROOF.  The party appealing the decision on an issue described in Section 410.301(a) has the burden of proof by a preponderance of the evidence.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 410.304 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter G. Judicial Review of Issues Regarding Compensability or Income or Death Benefits|Section 410.304. Consideration of Appeals Panel Decision

Sec. 410.304.  CONSIDERATION OF APPEALS PANEL DECISION.  (a)  In a jury trial, the court, before submitting the case to the jury, shall inform the jury in the court's instructions, charge, or questions to the jury of the appeals panel decision on each disputed issue described by Section 410.301(a) that is submitted to the jury.(b)  In a trial to the court without a jury, the court in rendering its judgment on an issue described by Section 410.301(a) shall consider the decision of the appeals panel.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.205, eff. September 1, 2005.|
TX Lab Code § 410.305 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter G. Judicial Review of Issues Regarding Compensability or Income or Death Benefits|Section 410.305. Conflict With Rules of Civil Procedure

Sec. 410.305.  CONFLICT WITH RULES OF CIVIL PROCEDURE.  (a)  To the extent that this subchapter conflicts with the Texas Rules of Civil Procedure or any other rules adopted by the supreme court, this subchapter controls.(b)  Notwithstanding Section 22.004, Government Code, or any other law, the supreme court may not adopt rules in conflict with or inconsistent with this subchapter.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 410.306 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter G. Judicial Review of Issues Regarding Compensability or Income or Death Benefits|Section 410.306. Evidence

Sec. 410.306.  EVIDENCE.  (a)  Evidence shall be adduced as in other civil trials.(b)  The division on payment of a reasonable fee shall make available to the parties a certified copy of the division's record.  All facts and evidence the record contains are admissible to the extent allowed under the Texas Rules of Evidence.(c)  Except as provided by Section 410.307, evidence of extent of impairment shall be limited to that presented to the division.  The court or jury, in its determination of the extent of impairment, shall adopt one of the impairment ratings under Subchapter G, Chapter 408.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.206, eff. September 1, 2005.|
TX Lab Code § 410.307 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 410 - Adjudication of Disputes|Subchapter G. Judicial Review of Issues Regarding Compensability or Income or Death Benefits|Section 410.307. Substantial Change of Condition

Sec. 410.307.  SUBSTANTIAL CHANGE OF CONDITION.  (a)  Evidence of the extent of impairment is not limited to that presented to the division if the court, after a hearing, finds that there is a substantial change of condition.  The court's finding of a substantial change of condition may be based only on:(1)  medical evidence from the same doctor or doctors whose testimony or opinion was presented to the division;(2)  evidence that has come to the party's knowledge since the contested case hearing;(3)  evidence that could not have been discovered earlier with due diligence by the party; and(4)  evidence that would probably produce a different result if it is admitted into evidence at the trial.(b)  If substantial change of condition is disputed, the court shall require the designated doctor in the case to verify the substantial change of condition, if any.  The findings of the designated doctor shall be presumed to be correct, and the court shall base its finding on the medical evidence presented by the designated doctor in regard to substantial change of condition unless the preponderance of the other medical evidence is to the contrary.(c)  The substantial change of condition must be confirmable by recognized laboratory or diagnostic tests or signs confirmable by physical examination.(d)  If the court finds a substantial change of condition under this section, new medical evidence of the extent of impairment must be from and is limited to the same doctor or doctors who made impairment ratings before the division under Section 408.123.(e)  The court's finding of a substantial change of condition may not be made known to the jury.(f)  The court or jury in its determination of the extent of impairment shall adopt one of the impairment ratings made under this section.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.207, eff. September 1, 2005.|