Texas Codes

Tex. Lab. Code § 410.031 (2026)

Incomplete Resolution; Report

✓ current as of May 2026

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Sec. 410.031. INCOMPLETE RESOLUTION; REPORT. (a) If a dispute is not entirely resolved at a benefit review conference, the benefit review officer shall prepare a written report that details each issue that is not resolved at the conference.

(b) The report must also include:

(1) a statement of each resolved issue;

(2) a statement of each issue raised but not resolved;

(3) a statement of the position of the parties regarding each unresolved issue;

(4) a statement of the procedures required to request a contested case hearing or arbitration and a complete explanation of the differences in those proceedings and the rights of the parties to subsequent review of the determinations made in those proceedings; and

(5) the date of the contested case hearing scheduled in accordance with Section 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. 3.162, eff. September 1, 2005.

Notes of Decisions

Cited in 2 cases, 1998–2020 · leading case: Cardenas v. Cont'l Ins. Co., 960 S.W.2d 401 (Tex. App. 1998).

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Cardenas v. Cont'l Ins. Co., 960 S.W.2d 401 (Tex. App. 1998). “See Tex. Lab. Code Ann. § 410.031 . The report from the benefit review conference did not mention Cardenas’s contention that Continental had waived its right to contest whether the injury was work-related by failing to raise the issue in its notice of refused/disputed claim.”

City of Dallas, a Self-Insured Emp. v. Gregory D. Thompson (Tex. App. 2020). “004, the officer named as an issue the question of whether Dallas is relieved from liability because of Thompson’s failure to file a claim within one year of the injury. However, whether Dallas waived its right to claim that defense is not named as an issue remaining to be…”

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