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.
Notes of Decisions
Travelers Indem. Co. of Connecticut v. Mayfield, 923 S.W.2d 590 (Tex. 1996).
· cites it 2× “See TEX. LAB.CODE § 410.151. Reed was not represented by counsel at this hearing, although she was assisted by a Workers' Compensation Commission ombudsman.”
Seabright Ins. Co. v. Maximina Lopez, Beneficiary of Candelario Lopez, 465 S.W.3d 637 (Tex. 2015).
· cites it 2× “The parties participated in a contested case hearing under Texas Labor Code section 410.151, and the hearing officer determined that Lopez was acting in the course and scope of his employment and ordered SeaBright to pay death benefits.”
S. Ins. Co. v. Brewster, 249 S.W.3d 6 (Tex. App. 2007).
“Tex. Lab.Code Ann. § 410.203. The hearing officer at the contested-case hearing is limited, in turn, to issues raised at a BRC.”
— Tex. Lab. Code § 410.151(a) — 1 case
— Tex. Lab. Code § 410.151(b) — 3 cases
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