Texas Codes

Tex. Lab. Code § 410.104 (2026)

Election Of Arbitration; Effect

✓ current as of May 2026

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Sec. 410.104. ELECTION OF ARBITRATION; EFFECT. (a) If issues remain unresolved after a benefit review conference, the parties, by agreement, may elect to engage in arbitration in the manner provided by this subchapter. Arbitration may be used only to resolve disputed benefit issues and is an alternative to a contested case hearing. A contested case hearing scheduled under Section 410.025(b) is canceled by an election under this subchapter.

(b) To elect arbitration, the parties must file the election with the division not later than the 20th day after the last day of the benefit review conference. The commissioner shall prescribe a form for that purpose.

(c) An election to engage in arbitration under this subchapter is irrevocable and binding on all parties for the resolution of all disputes arising out of the claims that are under the jurisdiction of the division.

(d) An agreement to elect arbitration binds the parties to the provisions of Chapter 408 relating to benefits, and any award, agreement, or settlement after arbitration is elected must comply with that chapter.

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

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.167, eff. September 1, 2005.

Notes of Decisions

Cited in 14 cases, 1995–2019 · leading case: Texas Workers' Comp. Comm'n v. Garcia, 893 S.W.2d 504 (Tex. 1995).

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Texas Workers' Comp. Comm'n v. Garcia, 893 S.W.2d 504 (Tex. 1995). · cites it 2× “Tex.Lab.Code § 410.104. [10] If the appeals panel does not decide the case within thirty days after the response is filed, the decision of the hearing officer becomes final and is deemed to constitute the decision of the appeals panel.”

In Re Louisiana-Pac. Corp., 112 S.W.3d 185 (Tex. App. 2003). · cites it 2× “See Tex. Lab.Code Ann. §§ 410.104; 410.151-410.”

Lumbermens Mut. Cas. Co. v. Manasco, 971 S.W.2d 60 (Tex. 1998). · cites it 2× “TEX. LAB.CODE §§ 410.104, 410.151. The contested case hearing is a formal evidentiary proceeding with sworn testimony and prehearing discovery procedures.”

Stinson v. Ins. Co. of Pennsylvania, 286 S.W.3d 77 (Tex. App. 2009). “(citing Tex. Lab.Code Ann. §§ 410.104, .151-169 (Vernon 2006 & Supp.”

Cervantes v. Tyson Foods, Inc., 130 S.W.3d 152 (Tex. App. 2004). “3d at 188 ; see Tex.Lab.Code Ann. §§ 410.021-410.034 (benefit review conference); Tex.”

In Re Texas Workers' Comp. Ins. Fund, 995 S.W.2d 335 (Tex. App. 1999). “(citing Tex. Lab.Code Ann. § 410.104). If there is no agreement to arbitrate, a party may seek relief at a contested case hearing.”

Subsequent Injury Fund v. Serv. Lloyds Ins. Co., 961 S.W.2d 673 (Tex. App. 1998). “Tex. Lab.Code Ann. § 410.104 (Vernon 1996).”

New Hampshire Ins. Co., Sunsets West, Inc. & R. M. Pers., Inc. v. Luis Alberto Rodriguez, 569 S.W.3d 275 (Tex. App. 2019). “21 formal adversarial stage decided either by a mutually agreeable arbitrator or in a contested hearing before the Division, TEX.LAB.CODE ANN. §§ 410.104 & 410.151; (3) an administrative appeal to the Division’s appellate body, TEX.”

Texas Workers' Comp. Ins. Fund v. Martinez, 30 S.W.3d 490 (Tex. App. 2000). “(citing Tex. Lab.Code Ann. § 410.104) (Vernon 1996).”

Northwinds Abatement, Inc. v. Employers Ins. of Wausau, 70 F. Supp. 2d 699 (S.D. Tex. 1999). “2d at 675 (citing Tex.Lab.Code Ann. § 410.104)); see also 28 TexAd-min.”

in Re Louisiana-Pac. Corp. (Tex. App. 2003). “See Tex. Lab. Code Ann. §§ 410.104 ; 410.151-410.”

Sabrina Taylor v. the Hartford Ins. of Midwest (Tex. App. 2015). “Tex. Lab. Code § 410.104(a); see also id.”

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— Tex. Lab. Code § 410.104(a) — 1 case

Sabrina Taylor v. the Hartford Ins. of Midwest (Tex. App. 2015). “Tex. Lab. Code § 410.104(a); see also id.”

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