Tex. Codes » Labor Code · TITLE 5. WORKERS' COMPENSATION · SUBTITLE A. TEXAS WORKERS' COMPENSATION ACT · CHAPTER 410. ADJUDICATION OF DISPUTES
Texas Codes

Tex. Lab. Code § 410.033 (2026)

Multiple Carriers

✓ current as of May 2026
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Sec. 410.033. MULTIPLE CARRIERS. (a) If there is a dispute as to which of two or more insurance carriers is liable for compensation for one or more compensable injuries, the commissioner may issue an interlocutory order directing each insurance carrier to pay a proportionate share of benefits due pending a final decision on liability. The proportionate share is computed by dividing the compensation due by the number of insurance carriers involved.

(b) On final determination of liability, an insurance carrier determined to be not liable for the payment of benefits is entitled to reimbursement for the share paid by the insurance carrier from any insurance carrier determined to be liable.

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

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.163, eff. September 1, 2005.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2010–2022 · leading case: Texas Mut. Ins. Co. v. Ruttiger, 381 S.W.3d 430 (Tex. 2012).
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Texas Mut. Ins. Co. v. Ruttiger, 381 S.W.3d 430 (Tex. 2012). “The proportionate share is computed by dividing the compensation due by the number of insurance carriers involved, (b) On final determination of liability, an insurance carrier determined to be not liable for the payment of benefits is entitled to reimbursement for the share…”
Port Elevator-Brownsville, L.L.C. v. Casados, 358 S.W.3d 238 (Tex. 2012). “3d at 143 (stating that the “employee should be able to pursue workers’ compensation benefits from either” the temporary staffing company’s carrier or the client company’s carrier); see also Tex. Lab.Code § 410.033 (prescribing procedure for two or more carriers liable for…”
Serv. Lloyds Ins. Co. v. Am. Alt. Ins. Corp., 306 S.W.3d 414 (Tex. App. 2010). “033 of the Act, see Tex. Lab.Code Ann. § 410.033 (West 2006) (in proceeding with disputing carriers, authorizing reimbursement of payments made in accordance with interlocutory order), or (2) the Division has no authority to award reimbursement under equitable principles, see…”
Alvy Childress v. Travelers Indem. Co., W&W-AFCO Steel LLC, & Texas Dep't of Ins. Div. of Workers Comp. (Tex. App. 2022). · cites it 2× “033, see Tex. Lab. Code § 410.033 (addressing when there is dispute as to which of two or more insurance carriers is liable for one or more compensable injuries); and to support the trial court’s jurisdiction, cites the Uniform Declaratory Judgments Act (UDJA), see Tex.”
Nat'l Am. Ins. Co. Texas Dep't of Ins., Div. of Workers' Comp. Rod Borderlon, in His Off. Capacity as Comm'r of the Div. of Workers' Comp. & the Subsequent Injury Fund v. Texas Prop. & Cas. Ins. Guar. Ass'n for Paula Ins. Co., an Impaired Carrier (Tex. App. 2013). · cites it 2× “See Tex. Lab. Code § 410.033. The Guaranty Association refused to reimburse NAIC and filed this action for declaratory relief seeking a declaration that it is not liable to reimburse NAIC for any amounts that NAIC paid in workers’ compensation benefits for the two workers.”
Serv. Lloyds Ins. Co. v. Am. Alt. Ins. Corp. (Tex. App. 2010). “033 of the Act, see Tex. Lab. Code Ann. § 410.033 (West 2006) (in proceeding with disputing carriers, authorizing reimbursement of payments made in accordance with interlocutory order), or (2) the Division has no authority to award reimbursement under equitable principles, see…”
Serv. Lloyds Ins. Co. v. Am. Alt. Ins. Corp. (Tex. App. 2010). “033 of the Act, see Tex. Lab. Code Ann. § 410.033 (West 2006) (in proceeding with disputing carriers, authorizing reimbursement of payments made in accordance with interlocutory order), or (2) the Division has no authority to award reimbursement under equitable principles, see…”
— Tex. Lab. Code § 410.033(a) — 1 case
Alvy Childress v. Travelers Indem. Co., W&W-AFCO Steel LLC, & Texas Dep't of Ins. Div. of Workers Comp. (Tex. App. 2022). “033, see Tex. Lab. Code § 410.033 (addressing when there is dispute as to which of two or more insurance carriers is liable for one or more compensable injuries); and to support the trial court’s jurisdiction, cites the Uniform Declaratory Judgments Act (UDJA), see Tex.”
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