Texas Codes

Tex. Lab. Code § 410.005 (2026)

Conducting Administrative Proceedings

✓ current as of May 2026

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Sec. 410.005. CONDUCTING ADMINISTRATIVE PROCEEDINGS. (a) Unless the division determines that good cause exists for the selection of a different location, a contested case hearing may not be conducted at a site more than 75 miles from the claimant's residence at the time of the injury.

(b) Unless the assigned arbitrator determines that good cause exists for the selection of a different location, arbitration may not be conducted at a site more than 75 miles from the claimant's residence at the time of the injury.

(d) The division may conduct a benefit review conference:

(1) telephonically;

(2) by videoconference; or

(3) in person, on showing of good cause as determined by the division.

(e) Unless the division determines that good cause exists for the selection of a different location, a benefit review conference conducted in person under Subsection (d)(3) may not be conducted at a site more than 75 miles from the claimant's residence at the time of the injury.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.151, eff. September 1, 2005.

Acts 2021, 87th Leg., R.S., Ch. 261 (H.B. 1752), Sec. 1, eff. June 4, 2021.

Acts 2021, 87th Leg., R.S., Ch. 261 (H.B. 1752), Sec. 2, eff. June 4, 2021.

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 2008–2023 · leading case: Campos v. Texas Prop. & Cas. Ins. Guar. Ass'n for Reliance Nat'l Indem. Co., 282 S.W.3d 226 (Tex. App. 2009).

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Campos v. Texas Prop. & Cas. Ins. Guar. Ass'n for Reliance Nat'l Indem. Co., 282 S.W.3d 226 (Tex. App. 2009). “Moreover, contrary to TPCIGA’s alleged policy against travel expenses, TPCI-GA admits that the benefit review conferences and contested case hearings in which TPCIGA participates are generally held, in accordance with the Workers’ Compensation Act, within 75 miles of the…”

Alcus Reshod Fortenberry v. Great Divide Ins. Co. (Tex. 2023). · cites it 2× “” TEX. LAB. CODE § 410.005. Thus, Great Divide twice stipulated—and the ALJ found— that Fortenberry resided within 75 miles of the Dallas Field Office at the time of the injury.”

Great Divide Ins. Co. v. Alcus Reshod Fortenberry (Tex. App. 2023). · cites it 2× “” TEX. LAB. CODE § 410.005. Thus, Great Divide twice stipulated—and the ALJ found— that Fortenberry resided within 75 miles of the Dallas Field Office at the time of the injury.”

Samuel Campos v. Texas Prop. & Cas. Ins. Guar. Ass'n for Reliance Nat'l Indem. Co., an Impaired Carrier (Tex. App. 2008). “See Tex. Lab. Code Ann. § 410.005 (a) (West 2006).”

Samuel Campos v. Texas Prop. & Cas. Ins. Guar. Ass'n for Reliance Nat'l Indem. Co., an Impaired Carrier (Tex. App. 2009). “See Tex. Lab. Code Ann. § 410.005 (a) (West 2006).”

Rosendo Morales v. Texas Dep't of Ins.-Div. of Workers' Comp., & Comm'r Ryan Brannan, in His Off. Capacity (Tex. App. 2015). “This is consistent with the administrative hearings in this matter being held in the local DWC field office within 75 miles of the worker’s residence under Texas Labor Code section 410.005. Worth noting is section 410.”

— Tex. Lab. Code § 410.005(a) — 2 cases

Alcus Reshod Fortenberry v. Great Divide Ins. Co. (Tex. 2023). “” TEX. LAB. CODE § 410.005. Thus, Great Divide twice stipulated—and the ALJ found— that Fortenberry resided within 75 miles of the Dallas Field Office at the time of the injury.”

Great Divide Ins. Co. v. Alcus Reshod Fortenberry (Tex. App. 2023). “” TEX. LAB. CODE § 410.005. Thus, Great Divide twice stipulated—and the ALJ found— that Fortenberry resided within 75 miles of the Dallas Field Office at the time of the injury.”

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