Sec. 410.258. NOTIFICATION OF DIVISION OF PROPOSED JUDGMENTS AND SETTLEMENTS; RIGHT TO INTERVENE. (a) The party who initiated a proceeding under this subchapter or Subchapter G must file any proposed judgment or settlement, including a proposed default judgment or proposed agreed judgment, with the division not later than the 30th day before the date on which the court is scheduled to enter the judgment or approve the settlement.
(a-1) If the terms of the proposed settlement or proposed agreed judgment, including all payments to be made, are not described in the proposed settlement or proposed agreed judgment, the party must also file with the division at the time of filing the proposed settlement or proposed agreed judgment a separate document that fully describes the terms of the proposed settlement or proposed agreed judgment.
(a-2) The proposed settlement or proposed agreed judgment and any separate document described by Subsection (a-1) must be mailed to the division by certified mail, return receipt requested.
(a-3) The separate document filed with the division under Subsection (a-1) is not subject to disclosure under Chapter 552, Government Code.
(b) The division may intervene in a proceeding under Subsection (a) not later than the 30th day after the date of receipt of the proposed judgment or settlement.
(c) The commissioner shall review the proposed judgment or settlement to determine compliance with all appropriate provisions of the law. If the commissioner determines that the proposal is not in compliance with the law, the division may intervene as a matter of right in the proceeding not later than the 30th day after the date of receipt of the proposed judgment or settlement. The court may limit the extent of the division's intervention to providing the information described by Subsection (e).
(d) If the division does not intervene before the 31st day after the date of receipt of the proposed judgment or settlement, the court shall enter the judgment or approve the settlement if the court determines that the proposed judgment or settlement is in compliance with all appropriate provisions of the law.
(e) If the division intervenes in the proceeding, the commissioner shall inform the court of each reason the commissioner believes the proposed judgment or settlement is not in compliance with the law. The court shall give full consideration to the information provided by the commissioner before entering a judgment or approving a settlement.
(f) A judgment entered or settlement approved without complying with the requirements of this section is void.
Added by Acts 1997, 75th Leg., ch. 1267, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.201, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.202, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 271 (H.B. 2061), Sec. 2, eff. September 1, 2017.
SUBCHAPTER G. JUDICIAL REVIEW OF ISSUES REGARDING COMPENSABILITY OR INCOME OR DEATH BENEFITS
Notes of Decisions
Metro. Transit Auth. v. Jackson, 212 S.W.3d 797 (Tex. App.—Houston [1st Dist.] 2007).
· cites it 8× “Tex. Lab. Code Ann. § 410.258 (a) (Vernon 2006) (party seeking judicial review of administrative decisions of orders concerning workers’ compensation must file proposed judgment by certified mail with Workers’ Compensation Commission not later than 30th day before court is…”
Cont'l Cas. Co. v. Davilla, 139 S.W.3d 374 (Tex. App.—Fort Worth 2004).
· cites it 4× “” Tex. Lab. Code Ann. § 410.258 (f). The plain language of section 410.”
Albertson's, Inc. v. Sinclair, 984 S.W.2d 958 (Tex. 1999).
· cites it 3× “(1997)(stating that the purpose of a similar notice provision, Texas Labor Code section 410.258, is to ensure that the Commission has notice and an opportunity to intervene in a workers’ compensation lawsuit to explain why a judgment or settlement should not be approved by a…”
S. Ins. Co. v. Brewster, 249 S.W.3d 6 (Tex. App.—Houston [1st Dist.] 2007).
· cites it 3× “at 801 (citing Tex. Lab. Code Ann. § 410.258 (f) (Vernon 2006)); see Tex.”
Bell v. Zurich Am. Ins. Co., 311 S.W.3d 507 (Tex. App.—Dallas 2010).
· cites it 2× “See Tex. Lab.Code Ann. § 410.258(a) (Vernon 2006).”
Ins. Co. of State of Pennsylvania v. Martinez, 18 S.W.3d 844 (Tex. App.—El Paso 2000).
· cites it 2× “2000) states, in pertinent part: “The party who initiated a proceeding under this subchapter or Subchapter G must file any proposed judgment or settlement made by the parties to the proceeding, including a proposed default judgment, with the executive director of the commission…”
Tex. Lab. Code § 410.258(a): 18 cases
Metro. Transit Auth. v. Jackson, 212 S.W.3d 797 (Tex. App.—Houston [1st Dist.] 2007).
“Tex. Lab. Code Ann. § 410.258 (a) (Vernon 2006) (party seeking judicial review of administrative decisions of orders concerning workers’ compensation must file proposed judgment by certified mail with Workers’ Compensation Commission not later than 30th day before court is…”
Cont'l Cas. Co. v. Davilla, 139 S.W.3d 374 (Tex. App.—Fort Worth 2004).
“” Tex. Lab. Code Ann. § 410.258 (f). The plain language of section 410.”
S. Ins. Co. v. Brewster, 249 S.W.3d 6 (Tex. App.—Houston [1st Dist.] 2007).
“at 801 (citing Tex. Lab. Code Ann. § 410.258 (f) (Vernon 2006)); see Tex.”
Tex. Lab. Code § 410.258(a)(2): 1 case
Tex. Lab. Code § 410.258(b): 2 cases
Tex. Lab. Code § 410.258(c): 2 cases
Tex. Lab. Code § 410.258(f): 9 cases
Metro. Transit Auth. v. Jackson, 212 S.W.3d 797 (Tex. App.—Houston [1st Dist.] 2007).
“Tex. Lab. Code Ann. § 410.258 (a) (Vernon 2006) (party seeking judicial review of administrative decisions of orders concerning workers’ compensation must file proposed judgment by certified mail with Workers’ Compensation Commission not later than 30th day before court is…”
Albertson's, Inc. v. Sinclair, 984 S.W.2d 958 (Tex. 1999).
“(1997)(stating that the purpose of a similar notice provision, Texas Labor Code section 410.258, is to ensure that the Commission has notice and an opportunity to intervene in a workers’ compensation lawsuit to explain why a judgment or settlement should not be approved by a…”
Cont'l Cas. Co. v. Davilla, 139 S.W.3d 374 (Tex. App.—Fort Worth 2004).
“” Tex. Lab. Code Ann. § 410.258 (f). The plain language of section 410.”
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