Sec. 410.204. DECISION. (a) The appeals panel shall review each request and issue a written decision on each reversed or remanded case. The appeals panel may issue a written decision on an affirmed case as described by Subsection (a-1). The decision must be in writing and shall be issued not later than the 45th day after the date on which the written response to the request for appeal is filed. The appeals panel shall file a copy of the decision with the commissioner.
(a-1) An appeals panel may only issue a written decision in a case in which the panel affirms the decision of an administrative law judge if the case:
(1) is a case of first impression;
(2) involves a recent change in law; or
(3) involves errors at the contested case hearing that require correction but do not affect the outcome of the hearing, including:
(A) findings of fact for which insufficient evidence exists;
(B) incorrect conclusions of law;
(C) findings of fact or conclusions of law regarding matters that were not properly before the administrative law judge; and
(D) legal errors not otherwise described by this subdivision.
(b) A copy of the decision of the appeals panel shall be sent to each party not later than the seventh day after the date the decision is filed with the division.
(c) If the appeals panel does not issue a decision in accordance with this section, the decision of the administrative law judge becomes final and is the final decision of the appeals panel.
(d) Each final decision of the appeals panel shall conclude with a separate paragraph stating: "The true corporate name of the insurance carrier is (NAME IN BOLD PRINT) and the name and address of its registered agent for service of process is (NAME AND ADDRESS IN BOLD PRINT)."
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 1456, Sec. 11.02, eff. June 17, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.193, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1162 (H.B. 2605), Sec. 17, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 839 (H.B. 2111), Sec. 15, eff. September 1, 2017.
Notes of Decisions
Texas Workers' Comp. Comm'n v. Garcia, 893 S.W.2d 504 (Tex. 1995).
· cites it 2× “Tex.Lab.Code § 410.204. [11] The Commission record is admissible to the extent allowable under the Texas Rules of Civil Evidence.”
Morales v. Employers Cas. Co., 897 S.W.2d 866 (Tex. App. 1995).
· cites it 2× “Pursuant to both Tex.Lab.Code § 410.204 and 28 TexAdmin.Code § 143.”
Fireman's Fund Ins. Co. v. Weeks, 259 S.W.3d 335 (Tex. App. 2008).
“See Tex. Lab.Code Ann. § 410.204(c). Weeks then appealed to the 162nd District Court, which conducted a bench trial in November of 2005, to determine Weeks’s MMI date and impairment rating.”
In re in the Est., 543 S.W.3d 397 (Tex. App. 2018).
“See Tex. Lab. Code Ann. § 410.204 (c) (West Supp.”
Am. Zurich Ins. Co. v. Sandra Jasso, 598 F. App'x 239 (5th Cir. 2015).
“Zurich, DCP’s insurer, appealed the decision of the hearing officer to the Appeals Panel, which did not issue a decision within forty-five days of the appeal, causing the decision of the hearing officer to become final on December 19, 2011, pursuant to Tex. Lab. Code §…”
Ins. Co. of State of the Pennsylvania v. Moore, 43 S.W.3d 77 (Tex. App. 2001).
“We reverse the trial court’s judgment and render judgment that Appellant is entitled, as a matter of law, to contribution in the amount of an ll/17ths reduction of Appellee’s supplemental income benefits.”
— Tex. Lab. Code § 410.204(a) — 4 cases
— Tex. Lab. Code § 410.204(c) — 12 cases
Fireman's Fund Ins. Co. v. Weeks, 259 S.W.3d 335 (Tex. App. 2008).
“See Tex. Lab.Code Ann. § 410.204(c). Weeks then appealed to the 162nd District Court, which conducted a bench trial in November of 2005, to determine Weeks’s MMI date and impairment rating.”
Am. Zurich Ins. Co. v. Sandra Jasso, 598 F. App'x 239 (5th Cir. 2015).
“Zurich, DCP’s insurer, appealed the decision of the hearing officer to the Appeals Panel, which did not issue a decision within forty-five days of the appeal, causing the decision of the hearing officer to become final on December 19, 2011, pursuant to Tex. Lab. Code §…”
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