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

Tex. Lab. Code § 410.168 (2026)

Decision

✓ current as of May 2026
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Sec. 410.168. DECISION. (a) The administrative law judge shall issue a written decision that includes:

(1) findings of fact and conclusions of law;

(2) a determination of whether benefits are due; and

(3) an award of benefits due.

(b) The decision may address accrued benefits, future benefits, or both accrued benefits and future benefits.

(c) The administrative law judge may enter an interlocutory order for the payment of all or part of medical benefits or income benefits. The order may address accrued benefits, future benefits, or both accrued benefits and future benefits. The order is binding during the pendency of an appeal to the appeals panel.

(d) On a form that the commissioner by rule prescribes, the administrative law judge shall issue a separate written decision regarding attorney's fees and any matter related to attorney's fees. The decision regarding attorney's fees and the form may not be made known to a jury in a judicial review of an award, including an appeal.

(e) The commissioner by rule shall prescribe the times within which the administrative law judge must file the decisions with the division.

(f) The division shall send a copy of the decision to each party.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 955, Sec. 3, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.190, eff. September 1, 2005.

Acts 2017, 85th Leg., R.S., Ch. 839 (H.B. 2111), Sec. 11, eff. September 1, 2017.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1997–2025 · leading case: Golden v. Employers Ins. of Wausau, 981 F. Supp. 467 (S.D. Tex. 1997).
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Golden v. Employers Ins. of Wausau, 981 F. Supp. 467 (S.D. Tex. 1997). “Plaintiff also seeks punitive damages. Under Texas’s Administrative and Labor Codes, the most relief that the TWCC could provide Plaintiff would be to find that her workers’ compensation claims should have been paid and to award the actual benefits due.”
State Off. of Risk Mgmt. v. Martinez, 539 S.W.3d 266 (2017). “TEX. LAB. CODE § 410.168(a). To appeal the officer's decision to the appeals panel, the appealing party must rebut "the decision of the [hearing officer] on each issue on which review is sought.”
Francisca Okonkwo, Admin. Law Judge, Texas Dep't of Ins., Div. of Workers' Comp., in Her Off. Capacity & Fort Bend Cnty. v. Joshua David Heiliger, Individually, & on Behalf of the Est. of Lauren Brittane Smith, & on Behalf of Death Benefits Beneficiaries Joshua David Heiliger & Emma Destiny Heiliger (Tex. App. 2025). “See Tex. Lab. Code §§ 410.168, 410.169, 410.201-08 & 410.”
— Tex. Lab. Code § 410.168(a) — 1 case
State Off. of Risk Mgmt. v. Martinez, 539 S.W.3d 266 (2017). “TEX. LAB. CODE § 410.168(a). To appeal the officer's decision to the appeals panel, the appealing party must rebut "the decision of the [hearing officer] on each issue on which review is sought.”
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