Sec. 410.203. POWERS AND DUTIES OF APPEALS PANEL; PRIORITY OF HEARING ON REMAND. (a) The appeals panel shall consider:
(1) the record developed at the contested case hearing; and
(2) the written request for appeal and response filed with the appeals panel.
(b) The appeals panel may:
(1) reverse the decision of the administrative law judge and render a new decision;
(2) reverse the decision of the administrative law judge and remand the case to the administrative law judge for further consideration and development of evidence; or
(3) affirm the decision of the administrative law judge in a case described by Section 410.204(a-1).
(c) The appeals panel may not remand a case under Subsection (b)(2) more than once.
(d) A hearing on remand shall be accelerated and the commissioner shall adopt rules to give priority to the hearing over other proceedings.
(e) The appeals panel shall issue and maintain a precedent manual. The precedent manual shall be composed of precedent-establishing decisions and may include other information as identified by the appeals panel.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.192, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1162 (H.B. 2605), Sec. 16, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 839 (H.B. 2111), Sec. 14, eff. September 1, 2017.
Notes of Decisions
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.”
Zurich Am. Ins. Co. v. Marta Diaz, 566 S.W.3d 297 (Tex. App. 2018).
“Zurich contends that the trial court lacked jurisdiction over Marta’s tolling argument because that issue was not raised or adjudicated before the Division.”
S. Ins. Co. v. Michael S. Brewster (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.”
James R. Spurlin v. Nat'l Fire Ins. Co. (Tex. App. 2003).
“In his third point, he argues that because Texas Labor Code section 410.203(c) prohibits a Texas Workers’ Compensation Commission appeals panel from remanding a case more than once for the development of further evidence, it is unconstitutional.”
James R. Spurlin v. Nat'l Fire Ins. Co. (Tex. App. 2003).
“In his third point, he argues that because Texas Labor Code section 410.203(c) prohibits a Texas Workers’ Compensation Commission appeals panel from remanding a case more than once for the development of further evidence, it is unconstitutional.”
City of Austin v. Ronnie Esparza (Tex. App. 2012).
“at 737 (holding that trial court lacked jurisdiction to consider claimant's eligibility for lifetime income benefits "beyond the date of" the contested case hearing because eligibility after date of contested case hearing not considered by hearing officer); see also Tex. Lab.…”
— Tex. Lab. Code § 410.203(b) — 2 cases
— Tex. Lab. Code § 410.203(c) — 3 cases
James R. Spurlin v. Nat'l Fire Ins. Co. (Tex. App. 2003).
“In his third point, he argues that because Texas Labor Code section 410.203(c) prohibits a Texas Workers’ Compensation Commission appeals panel from remanding a case more than once for the development of further evidence, it is unconstitutional.”
James R. Spurlin v. Nat'l Fire Ins. Co. (Tex. App. 2003).
“In his third point, he argues that because Texas Labor Code section 410.203(c) prohibits a Texas Workers’ Compensation Commission appeals panel from remanding a case more than once for the development of further evidence, it is unconstitutional.”
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