Texas Codes

Tex. Lab. Code § 410.208 (2026)

Judicial Enforcement Of Order Or Decision; Administrative Violation

✓ current as of May 2026

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Sec. 410.208. JUDICIAL ENFORCEMENT OF ORDER OR DECISION; ADMINISTRATIVE VIOLATION. (a) If a person refuses or fails to comply with an interlocutory order, final order, or decision of the commissioner, the division may bring suit in Travis County to enforce the order or decision.

(b) If an insurance carrier refuses or fails to comply with an interlocutory order, a final order, or a decision of the commissioner, the claimant may bring suit in the county of the claimant's residence at the time of the injury, or death if the employee is deceased, or, in the case of an occupational disease, in the county in which the employee resided on the date disability began or any county agreed to by the parties.

(c) If the division brings suit to enforce an interlocutory order, final order, or decision of the commissioner, the division is entitled to reasonable attorney's fees and costs for the prosecution and collection of the claim, in addition to a judgment enforcing the order or decision and any other remedy provided by law.

(d) A claimant who brings suit to enforce an interlocutory order, final order, or decision of the commissioner is entitled to a penalty equal to 12 percent of the amount of benefits recovered in the judgment, interest, and reasonable attorney's fees for the prosecution and collection of the claim, in addition to a judgment enforcing the order or decision.

(e) A person commits an administrative violation if the person fails or refuses to comply with an interlocutory order, final order, or decision of the commissioner within 20 days after the date the order or decision becomes final.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 397, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.197, eff. September 1, 2005.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1996–2025 · leading case: Texas Mut. Ins. Co. v. Ruttiger, 381 S.W.3d 430 (Tex. 2012).

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Texas Mut. Ins. Co. v. Ruttiger, 381 S.W.3d 430 (Tex. 2012). · cites it 2× “Tex. Lab.Code § 410.208. It is in this lone context — where judicial enforcement is expressly permitted — that the Legislature by statute prohibited claimants from bringing common law claims.”

Travelers Indem. Co. of Connecticut v. Mayfield, 923 S.W.2d 590 (Tex. 1996). · cites it 2× “See TEX. LAB.CODE § 410.208. Because a Commission order which is timely appealed for judicial review is not "final," see id.”

Malish v. Pac. Employers Ins. Co., 106 S.W.3d 744 (Tex. App. 2003). “Tex. Lab.Code Ann. § 410.208 (Vernon 1996).”

Rodriguez v. Ysleta Indep. Sch. Dist., 68 S.W.3d 699 (Tex. App. 2001). “The second exception is in Tex.Lab.Code Ann. § 410.208, which allows a claimant to recover attorney’s fees when suing to enforce a final order of the Commission, with which the carrier has failed to comply.”

Cigna Ins. Co. of Texas v. Middleton, 986 S.W.2d 715 (Tex. App. 1999). “See TEX. LAB. CODE § 410.208. Because a Commission order which is timely appealed for judicial review is not “final,” see id.”

In Re Fort Bend Cnty. v. the State of Texas (Tex. App. 2025). “Parties shall comply with a final decision or order within 20 days of the date it becomes final as provided by the Texas Labor Code, §410.208. (g) A decision regarding benefits appealed to the appeals panel as provided by the Texas Labor Code, §410.”

Deborah Malish v. Pac. Employers Ins. Co., Cigna Healthcare of Texas, Inc., & Ace Am. Ins. Co. (Tex. App. 2003). “Tex. Lab. Code Ann. § 410.208 (Vernon 1996).”

John Bryan Langdon v. Leslie Mathison Gilbert (Tex. App. 2015). “See TEX. LAB.CODE § 410.208. Because a Commission order which is timely appealed for judicial review is not "final," see id.”

— Tex. Lab. Code § 410.208(a) — 1 case

Texas Mut. Ins. Co. v. Ruttiger, 381 S.W.3d 430 (Tex. 2012). “Tex. Lab.Code § 410.208. It is in this lone context — where judicial enforcement is expressly permitted — that the Legislature by statute prohibited claimants from bringing common law claims.”

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