reglab/statecodes huggingface dataset:
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter C. Arbitration › Section 410.105. Lists of Arbitrators

Sec. 410.105.  LISTS OF ARBITRATORS.  (a)  The division shall establish regional lists of arbitrators who meet the qualifications prescribed under Sections 410.102(a) and (b).  Each regional list shall be initially prepared in a random name order, and subsequent additions to a list shall be added chronologically.
(b)  The commissioner shall review the lists of arbitrators annually and determine if each arbitrator is fair and impartial and makes awards that are consistent with and in accordance with this subtitle and the rules of the commissioner.  The commissioner shall remove an arbitrator if, after the review, the commissioner determines that the arbitrator is not fair and impartial or does not make awards consistent with this subtitle and commissioner rules.
(c)  The division's lists are confidential and are not subject to disclosure under Chapter 552, Government Code.  The lists may not be revealed by any division employee to any person who is not a division employee.  The lists are exempt from discovery in civil litigation unless the party seeking the discovery establishes reasonable cause to believe that a violation of the requirements of this section or Section 410.106, 410.107, 410.108, or 410.109(b) occurred and that the violation is relevant to the issues in dispute.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(88), eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.168, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter C. Arbitration › Section 410.106. Selection of Arbitrator

Sec. 410.106.  SELECTION OF ARBITRATOR.  The division shall assign the arbitrator for a particular case by selecting the next name after the previous case's selection in consecutive order.  The division may not change the order of names once the order is established under this subchapter, except that once each arbitrator on the list has been assigned to a case, the names shall be randomly reordered.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.169, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter C. Arbitration › Section 410.107. Assignment of Arbitrator

Sec. 410.107.  ASSIGNMENT OF ARBITRATOR.  (a)  The division shall assign an arbitrator to a pending case not later than the 30th day after the date on which the election for arbitration is filed with the division.
(b)  When an arbitrator has been assigned to a case under Subsection (a), the parties shall be notified immediately.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.170, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter C. Arbitration › Section 410.108. Rejection of Arbitrator

Sec. 410.108.  REJECTION OF ARBITRATOR.  (a)  Each party is entitled, in its sole discretion, to one rejection of the arbitrator in each case.  If a party rejects the arbitrator, the division shall assign another arbitrator as provided by Section 410.106.
(b)  A rejection must be made not later than the third day after the date of notification of the arbitrator's assignment.
(c)  When all parties have exercised their right of rejection or if no rejection is registered, the assignment is final.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.171, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter C. Arbitration › Section 410.109. Scheduling of Arbitration

Sec. 410.109.  SCHEDULING OF ARBITRATION.  (a)  The arbitrator shall schedule arbitration to be held not later than the 30th day after the date of the arbitrator's assignment and shall notify the parties and the division of the scheduled date.
(b)  If an arbitrator is unable to schedule arbitration in accordance with Subsection (a), the division shall appoint the next arbitrator on the applicable list.  Each party is entitled to reject the arbitrator appointed under this subsection in the manner provided under Section 410.108.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.172, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter C. Arbitration › Section 410.110. Continuance

Sec. 410.110.  CONTINUANCE.  (a)  A request by a party for a continuance of the arbitration to another date must be directed to the director.  The director may grant a continuance only if the director determines, giving due regard to the availability of the arbitrator, that good cause for the continuance exists.
(b)  If the director grants a continuance under this section, the rescheduled date may not be later than the 30th day after the original date of the arbitration.
(c)  Without regard to whether good cause exists, the director may not grant more than one continuance to each party.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter C. Arbitration › Section 410.111. Rules

Sec. 410.111.  RULES.  The commissioner shall adopt rules for arbitration consistent with generally recognized arbitration principles and procedures.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.173, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter C. Arbitration › Section 410.112. Exchange and Filing of Information; Administrative Violation

Sec. 410.112.  EXCHANGE AND FILING OF INFORMATION;  ADMINISTRATIVE VIOLATION.  (a)  Not later than the seventh day before the first day of arbitration, the parties shall exchange and file with the arbitrator:
(1)  all medical reports and other documentary evidence not previously exchanged or filed that are pertinent to the resolution of the claim;  and
(2)  information relating to their proposed resolution of the disputed issues.
(b)  A party commits an administrative violation if the party, without good cause as determined by the arbitrator, fails to comply with Subsection (a).
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.174, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter C. Arbitration › Section 410.113. Duties of Parties at Arbitration; Attendance; Administrative Violation

Sec. 410.113.  DUTIES OF PARTIES AT ARBITRATION;  ATTENDANCE;  ADMINISTRATIVE VIOLATION.  (a)  Each party shall attend the arbitration prepared to set forth in detail its position on unresolved issues and the issues on which it is prepared to stipulate.
(b)  A party commits an administrative violation if the party does not attend the arbitration unless the arbitrator determines that the party had good cause not to attend.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.175, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter C. Arbitration › Section 410.114. Testimony; Record

Sec. 410.114.  TESTIMONY;  RECORD.  (a)  The arbitrator may require witnesses to testify under oath and shall require testimony under oath if requested by a party.
(b)  The division shall make an electronic recording of the proceeding.
(c)  An official stenographic record is not required, but any party may at the party's expense make a stenographic record of the proceeding.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.176, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter C. Arbitration › Section 410.115. Evidence

Sec. 410.115.  EVIDENCE.  (a)  The parties may offer evidence as they desire and shall produce additional evidence as the arbitrator considers necessary to an understanding and determination of the dispute.
(b)  The arbitrator is the judge of the relevance and materiality of the evidence offered.  Conformity to legal rules of evidence is not required.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter C. Arbitration › Section 410.116. Closing Statements; Briefs

Sec. 410.116.  CLOSING STATEMENTS;  BRIEFS.  The parties may present closing statements as they desire, but the record may not remain open for written briefs unless requested by the arbitrator.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter C. Arbitration › Section 410.117. Ex Parte Contacts Prohibited

Sec. 410.117.  EX PARTE CONTACTS PROHIBITED.  A party and an arbitrator may not communicate outside the arbitration unless the communication is in writing with copies provided to all parties or relates to procedural matters.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter C. Arbitration › Section 410.118. Award

Sec. 410.118.  AWARD.  (a)  The arbitrator shall enter the arbitrator's award not later than the seventh day after the last day of arbitration.
(b)  The arbitrator shall base the award on the facts established at arbitration, including stipulations of the parties, and on the law as properly applied to those facts.
(c)  The award must:
(1)  be in writing;
(2)  be signed and dated by the arbitrator;  and
(3)  include a statement of the arbitrator's decision on the contested issues and the parties' stipulations on uncontested issues.
(d)  The arbitrator shall file a copy of the award as part of the permanent claim file at the division and shall notify the parties in writing of the decision.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.177, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter C. Arbitration › Section 410.119. Effect of Award

Sec. 410.119.  EFFECT OF AWARD.  (a)  An arbitrator's award is final and binding on all parties.  Except as provided by Section 410.121, there is no right to appeal.
(b)  An arbitrator's award is a final order of the division.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.178, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter C. Arbitration › Section 410.120. Clerical Error

Sec. 410.120.  CLERICAL ERROR.  For the purpose of correcting a clerical error, an arbitrator retains jurisdiction of the award for 20 days after the date of the award.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter C. Arbitration › Section 410.121. Court Vacating Award

Sec. 410.121.  COURT VACATING AWARD.  (a)  On application of an aggrieved party, a court of competent jurisdiction shall vacate an arbitrator's award on a finding that:
(1)  the award was procured by corruption, fraud, or misrepresentation;
(2)  the decision of the arbitrator was arbitrary and capricious; or
(3)  the award was outside the jurisdiction of the division.
(b)  If an award is vacated, the case shall be remanded to the division for another arbitration proceeding.
(c)  A suit to vacate an award must be filed not later than the 30th day after:
(1)  the date of the award;  or
(2)  the date the appealing party knew or should have known of a basis for suit under this section, but in no event later than 12 months after an order denying compensation or after the expiration of the income or death benefit period.
(d)  Venue for a suit to vacate an award is in the county in which the arbitration was conducted.
(e)  In a suit to vacate an arbitrator's award, only the court may make determinations, including findings of fact or conclusions of law.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.179, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter D. Contested Case Hearing › Section 410.151. Contested Case Hearing; Scope

Sec. 410.151.  CONTESTED CASE HEARING;  SCOPE.  (a)  If arbitration is not elected under Section 410.104, a party to a claim for which a benefit review conference is held or a party eligible to proceed directly to a contested case hearing as provided by Section 410.024 is entitled to a contested case hearing.
(b)  An issue that was not raised at a benefit review conference or that was resolved at a benefit review conference may not be considered unless:
(1)  the parties consent; or
(2)  if the issue was not raised, the commissioner determines that good cause existed for not raising the issue at the conference.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.180, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter D. Contested Case Hearing › Section 410.152. Administrative Law Judges; Qualifications

Sec. 410.152.  ADMINISTRATIVE LAW JUDGES; QUALIFICATIONS.  (a)  An administrative law judge shall conduct a contested case hearing.
(b)  An administrative law judge must be licensed to practice law in this state.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 839 (H.B. 2111), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter D. Contested Case Hearing › Section 410.153. Application of Administrative Procedure Act

Sec. 410.153.  APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.  Chapter 2001, Government Code, applies to a contested case hearing to the extent that the commissioner finds appropriate, except that the following do not apply:
(1)  Section 2001.054;
(2)  Sections 2001.061 and 2001.062;
(3)  Section 2001.202; and
(4)  Subchapters F, G, I, and Z, except for Section 2001.141(c).
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.93, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.181, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter D. Contested Case Hearing › Section 410.154. Scheduling of Hearing

Sec. 410.154.  SCHEDULING OF HEARING.  The division shall schedule a contested case hearing in accordance with Section 410.024 or 410.025(b).
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.182, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter D. Contested Case Hearing › Section 410.155. Continuance

Sec. 410.155.  CONTINUANCE.  (a)  A written request by a party for a continuance of a contested case hearing to another date must be directed to the division.
(b)  The division may grant a continuance only if the division determines that there is good cause for the continuance.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.183, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter D. Contested Case Hearing › Section 410.156. Attendance Required; Administrative Violation

Sec. 410.156.  ATTENDANCE REQUIRED;  ADMINISTRATIVE VIOLATION.  (a)  Each party shall attend a contested case hearing.
(b)  A party commits an administrative violation if the party, without good cause as determined by the administrative law judge, does not attend a contested case hearing.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.184, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 839 (H.B. 2111), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter D. Contested Case Hearing › Section 410.157. Rules

Sec. 410.157.  RULES.  The commissioner shall adopt rules governing procedures under which contested case hearings are conducted.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.185, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter D. Contested Case Hearing › Section 410.158. Discovery

Sec. 410.158.  DISCOVERY.  (a)  Except as provided by Section 410.162, discovery is limited to:
(1)  depositions on written questions to any health care provider;
(2)  depositions of other witnesses as permitted by the administrative law judge for good cause shown; and
(3)  interrogatories as prescribed by the commissioner.
(b)  Discovery under Subsection (a) may not seek information that may readily be derived from documentary evidence described in Section 410.160.  Answers to discovery under Subsection (a) need not duplicate information that may readily be derived from documentary evidence described in Section 410.160.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.186, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 839 (H.B. 2111), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter D. Contested Case Hearing › Section 410.159. Standard Interrogatories

Sec. 410.159.  STANDARD INTERROGATORIES.  (a)  The commissioner by rule shall prescribe standard form sets of interrogatories to elicit information from claimants and insurance carriers.
(b)  Standard interrogatories shall be answered by each party and served on the opposing party within the time prescribed by commissioner rule, unless the parties agree otherwise.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.187, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter D. Contested Case Hearing › Section 410.160. Exchange of Information

Sec. 410.160.  EXCHANGE OF INFORMATION.  Within the time prescribed by commissioner rule, the parties shall exchange:
(1)  all medical reports and reports of expert witnesses who will be called to testify at the hearing;
(2)  all medical records;
(3)  any witness statements;
(4)  the identity and location of any witness known to the parties to have knowledge of relevant facts; and
(5)  all photographs or other documents that a party intends to offer into evidence at the hearing.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.188, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter D. Contested Case Hearing › Section 410.161. Failure to Disclose Information

Sec. 410.161.  FAILURE TO DISCLOSE INFORMATION.  A party who fails to disclose information known to the party or documents that are in the party's possession, custody, or control at the time disclosure is required by Sections 410.158-410.160 may not introduce the evidence at any subsequent proceeding before the division or in court on the claim unless good cause is shown for not having disclosed the information or documents under those sections.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.189, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter D. Contested Case Hearing › Section 410.162. Additional Discovery

Sec. 410.162.  ADDITIONAL DISCOVERY.  For good cause shown, a party may obtain permission from the administrative law judge to conduct additional discovery as necessary.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 839 (H.B. 2111), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter D. Contested Case Hearing › Section 410.163. Powers and Duties of Administrative Law Judge

Sec. 410.163.  POWERS AND DUTIES OF ADMINISTRATIVE LAW JUDGE.  (a)  At a contested case hearing the administrative law judge shall:
(1)  swear witnesses;
(2)  receive testimony;
(3)  allow examination and cross-examination of witnesses;
(4)  accept documents and other tangible evidence; and
(5)  allow the presentation of evidence by affidavit.
(b)  An administrative law judge shall ensure the preservation of the rights of the parties and the full development of facts required for the determinations to be made.  An administrative law judge may permit the use of summary procedures, if appropriate, including witness statements, summaries, and similar measures to expedite the proceedings.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 839 (H.B. 2111), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter D. Contested Case Hearing › Section 410.164. Record

Sec. 410.164.  RECORD.  (a)  The proceedings of a contested case hearing shall be recorded electronically.  A party may request a transcript of the proceeding and shall pay the reasonable cost of the transcription.
(b)  A party may request that the proceedings of the contested case hearing be recorded by a court reporter.  The party making the request shall bear the cost.
(c)  At each contested case hearing, as applicable, the insurance carrier shall file with the administrative law judge and shall deliver to the claimant a single document stating the true corporate name of the insurance carrier and the name and address of the insurance carrier's registered agent for service of process.  The document is part of the record of the contested case hearing.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1456, Sec. 11.01, eff. June 17, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 839 (H.B. 2111), Sec. 8, eff. September 1, 2017.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter D. Contested Case Hearing › Section 410.165. Evidence

Sec. 410.165.  EVIDENCE.  (a)  The administrative law judge is the sole judge of the relevance and materiality of the evidence offered and of the weight and credibility to be given to the evidence.  Conformity to legal rules of evidence is not necessary.
(b)  An administrative law judge may accept a written statement signed by a witness and shall accept all written reports signed by a health care provider.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 839 (H.B. 2111), Sec. 9, eff. September 1, 2017.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter D. Contested Case Hearing › Section 410.166. Stipulations

Sec. 410.166.  STIPULATIONS.  A written stipulation or agreement of the parties that is filed in the record or an oral stipulation or agreement of the parties that is preserved in the record is final and binding.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter D. Contested Case Hearing › Section 410.167. Ex Parte Contacts Prohibited

Sec. 410.167.  EX PARTE CONTACTS PROHIBITED.  A party and an administrative law judge may not communicate outside the contested case hearing unless the communication is in writing with copies provided to all parties or relates to procedural matters.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 839 (H.B. 2111), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter D. Contested Case Hearing › Section 410.168. Decision

Sec. 410.168.  DECISION.  (a)  The administrative law judge shall issue a written decision that includes:
(1)  findings of fact and conclusions of law;
(2)  a determination of whether benefits are due; and
(3)  an award of benefits due.
(b)  The decision may address accrued benefits, future benefits, or both accrued benefits and future benefits.
(c)  The administrative law judge may enter an interlocutory order for the payment of all or part of medical benefits or income benefits.  The order may address accrued benefits, future benefits, or both accrued benefits and future benefits.  The order is binding during the pendency of an appeal to the appeals panel.
(d)  On a form that the commissioner by rule prescribes, the administrative law judge shall issue a separate written decision regarding attorney's fees and any matter related to attorney's fees.  The decision regarding attorney's fees and the form may not be made known to a jury in a judicial review of an award, including an appeal.
(e)  The commissioner by rule shall prescribe the times within which the administrative law judge must file the decisions with the division.
(f)  The division shall send a copy of the decision to each party.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 955, Sec. 3, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.190, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 839 (H.B. 2111), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter D. Contested Case Hearing › Section 410.169. Effect of Decision

Sec. 410.169.  EFFECT OF DECISION.  A decision of an administrative law judge regarding benefits is final in the absence of a timely appeal by a party and is binding during the pendency of an appeal to the appeals panel.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 839 (H.B. 2111), Sec. 12, eff. September 1, 2017.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter E. Appeals Panel › Section 410.201. Appeals Judges; Qualifications

Sec. 410.201.  APPEALS JUDGES;  QUALIFICATIONS.  (a)  Appeals judges, in a three-member panel, shall conduct administrative appeals proceedings.
(b)  An appeals judge must be licensed to practice law in this state.
(c)  An appeals judge may not conduct a benefit review conference or a contested case hearing.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.191, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter E. Appeals Panel › Section 410.202. Request for Appeal; Response

Sec. 410.202.  REQUEST FOR APPEAL;  RESPONSE.  (a)  To appeal the decision of an administrative law judge, a party shall file a written request for appeal with the appeals panel not later than the 15th day after the date on which the decision of the administrative law judge is received from the division and shall on the same date serve a copy of the request for appeal on the other party.
(b)  The respondent shall file a written response with the appeals panel not later than the 15th day after the date on which the copy of the request for appeal is served and shall on the same date serve a copy of the response on the appellant.
(c)  A request for appeal or a response must clearly and concisely rebut or support the decision of the administrative law judge on each issue on which review is sought.
(d)  Saturdays and Sundays and holidays listed in Section 662.003, Government Code, are not included in the computation of the time in which a request for an appeal under Subsection (a) or a response under Subsection (b) must be filed.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1456, Sec. 12.01, eff. June 17, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 839 (H.B. 2111), Sec. 13, eff. September 1, 2017.
2023 Texas Statutes › Labor Code › Title 5 - Workers' Compensation › Subtitle A - Texas Workers' Compensation Act › Chapter 410 - Adjudication of Disputes › Subchapter E. Appeals Panel › Section 410.203. Powers and Duties of Appeals Panel; Priority of Hearing on Remand

Sec. 410.203.  POWERS AND DUTIES OF APPEALS PANEL; PRIORITY OF HEARING ON REMAND.  (a)  The appeals panel shall consider:
(1)  the record developed at the contested case hearing; and
(2)  the written request for appeal and response filed with the appeals panel.
(b)  The appeals panel may:
(1)  reverse the decision of the administrative law judge and render a new decision;
(2)  reverse the decision of the administrative law judge and remand the case to the administrative law judge for further consideration and development of evidence; or
(3)  affirm the decision of the administrative law judge in a case described by Section 410.204(a-1).
(c)  The appeals panel may not remand a case under Subsection (b)(2) more than once.
(d)  A hearing on remand shall be accelerated and the commissioner shall adopt rules to give priority to the hearing over other proceedings.
(e)  The appeals panel shall issue and maintain a precedent manual.  The precedent manual shall be composed of precedent-establishing decisions and may include other information as identified by 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. 3.192, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1162 (H.B. 2605), Sec. 16, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 839 (H.B. 2111), Sec. 14, eff. September 1, 2017.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.