Tex. Codes » Labor Code · TITLE 5. WORKERS' COMPENSATION · SUBTITLE A. TEXAS WORKERS' COMPENSATION ACT · CHAPTER 410. ADJUDICATION OF DISPUTES
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Tex. Lab. Code § 410.253 (2026)

Service

✓ current as of May 2026
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Sec. 410.253. SERVICE. (a) A party seeking judicial review shall simultaneously:

(1) file a copy of the party's petition with the court;

(2) serve any opposing party to the suit; and

(3) provide a copy of the party's petition to the division.

(b) A party may not seek judicial review under Section 410.251 unless the party has provided the copy of the petition to the division under Subsection (a)(3).

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 397, Sec. 2, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.199, eff. September 1, 2005.

Acts 2017, 85th Leg., R.S., Ch. 271 (H.B. 2061), Sec. 1, eff. September 1, 2017.

Notes of Decisions
Cited in 26 cases, 1997–2015 · leading case: Albertson's, Inc. v. Sinclair, 984 S.W.2d 958 (Tex. 1999).
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Albertson's, Inc. v. Sinclair, 984 S.W.2d 958 (Tex. 1999). · cites it 4× “We consider three issues in this petition for review: (1) when is a party, who seeks judicial review of a Texas Workers’ Compensation Commission Appeals Panel decision, required to file a copy of its petition with the Commission under the Texas Labor Code section 410.253; (2)…”
Nat'l Liab. & Fire Ins. Co. v. Allen, 15 S.W.3d 525 (Tex. 2000). · cites it 2× “TEXAS LABOR CODE SECTION 410.253 We recently construed section 410.”
Cont'l Cas. Ins. Co. v. Functional Restoration Assocs., 19 S.W.3d 393 (Tex. 2000). · cites it 2× “These disputes proceed through Chapter 410 because they are benefits disputes, but they do not fall under the medical benefits dispute resolution procedures of Chapter 413, which apply only to preauthorization disputes and fee disputes for services already rendered.”
Ins. Co. of Pennsylvania v. Lejeune, 261 S.W.3d 852 (Tex. App. 2008). · cites it 2× “253 was satisfied. Section 410.253 requires a party seeking judicial review to simultaneously “file a copy of the party’s petition with the court” and “provide written notice of the suit or notice of appeal to the division.”
Vikie A. Leblanc v. Everest Nat'l Ins. Co., 98 S.W.3d 786 (Tex. App. 2003). “Tex. Lab.Code Ann. § 410.253 (Vernon 1996); Albertson’s, Inc.”
Texas Workers' Comp. Ins. v. Ashy, 972 S.W.2d 208 (Tex. App. 1998). · cites it 2× “252 has been virtually non-problematic whereas interpretive understanding of § 410.253 has generated increased judicial attention.”
Ins. Co. of State of Pennsylvania v. Martinez, 18 S.W.3d 844 (Tex. App. 2000). “Tex. Lab. Code Ann. § 410.253 (Vernon 1996) states: "A copy of the petition shall be simultaneously filed with the court and the commission and served on any opposing party-” 19 .”
Poplin v. Amerisure Mut. Ins. Co., 321 S.W.3d 909 (Tex. App. 2010). · cites it 3× “Tex. Lab.Code Ann. § 410.253. Poplin asserts that service of a copy of the petition by certified mail on any opposing party to the suit is sufficient to satisfy section 410.”
Milner v. City of Leander, 64 S.W.3d 33 (Tex. App. 2000). “See Tex.Labor Code Ann. § 410.253 (West 1996).”
Adkins v. Ector Cnty. Indep. Sch. Dist., 969 S.W.2d 142 (Tex. App. 1998). “252(a) of the Act provides that a party may seek judicial review by filing suit not later than the fortieth day after the date on which the decision of the appeals panel was filed with the Division.”
Nat'l Liab. & Fire Ins. Co. v. Allen, 972 S.W.2d 215 (Tex. App. 1998). · cites it 2× “" Tex. Lab. Code Ann. § 410.253 (Vernon 1996).”
Ajibade v. Edinburg Gen. Hosp., 22 S.W.3d 37 (Tex. App. 2000). “However, appellees presented evidence that the TWCC had no record of receiving this notice.”
Show all 26 citing cases →
— Tex. Lab. Code § 410.253(a) — 1 case
Ins. Co. of Pennsylvania v. Lejeune, 261 S.W.3d 852 (Tex. App. 2008). “253 was satisfied. Section 410.253 requires a party seeking judicial review to simultaneously “file a copy of the party’s petition with the court” and “provide written notice of the suit or notice of appeal to the division.”
— Tex. Lab. Code § 410.253(a)(3) — 1 case
Texas Dep't of Ins.—Div. of Workers' Comp. & Comm'r Ryan Brannan, in His Off. Capacity v. Dale Brumfield (Tex. App. 2015).
— Tex. Lab. Code § 410.253(b) — 2 cases
Albertson's, Inc. v. Sinclair, 984 S.W.2d 958 (Tex. 1999). “We consider three issues in this petition for review: (1) when is a party, who seeks judicial review of a Texas Workers’ Compensation Commission Appeals Panel decision, required to file a copy of its petition with the Commission under the Texas Labor Code section 410.253; (2)…”
Elishah Sawyers, Pax Crate & Freight, Inc. & Robin Sawyers v. Marc Carter & Sally Carter (Tex. App. 2015).
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