Sec. 410.302. ADMISSIBILITY OF RECORDS; LIMITATION OF ISSUES. (a) The records of a contested case hearing conducted under this chapter are admissible in a trial under this subchapter in accordance with the Texas Rules of Evidence.
(b) A trial under this subchapter is limited to issues decided by the appeals panel and on which judicial review is sought. The pleadings must specifically set forth the determinations of the appeals panel by which the party is aggrieved.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.204, eff. September 1, 2005.
Notes of Decisions
Rodriguez v. Serv. Lloyds Ins. Co., 997 S.W.2d 248 (Tex. 1999).
· cites it 2× “See TEX. LAB. CODE § 410.302 (limiting trial to issues previously decided and challenged before appeals panel).”
Krueger v. Atascosa Cnty., 155 S.W.3d 614 (Tex. App.—San Antonio 2004).
· cites it 2× “Tex. Lab.Code Ann. § 410.302 (Vernon 1996).”
S. Ins. Co. v. Brewster, 249 S.W.3d 6 (Tex. App.—Houston [1st Dist.] 2007).
· cites it 2× “308 (Vernon 2006) and the modified de novo standard, the trial court properly considered the decision of the appeals panel, as certified by the TWCC, in accordance with Tex. Lab.Code Ann. § 410.304(a), (b). See Nat’l Liab.”
Combined Specialty Ins. Co. v. Deese, 266 S.W.3d 653 (Tex. App.—Dallas 2008).
· cites it 2× “3d at 712 ; see also TEX. LAB.CODE ANN. § 410.302(b) (limiting the scope of judicial review to "issues decided by the appeals panel and on which judicial review is sought").”
Morales v. Liberty Mut. Ins. Co., 241 S.W.3d 514 (Tex. 2007).
“See Tex. Lab.Code § 410.302(b). Thus, according to Liberty Mutual, the district court never had jurisdiction to decide that issue.”
Texas Dep't of Transp. v. Beckner, 74 S.W.3d 98 (Tex. App.—Waco 2002).
“3d at 431 ; Tex. Lab.Code Ann. § 410.302. 3 . The Reporter incorrectly cites to section "7” instead of section "5.”
Joe Ballard v. Arch Ins. Co., 478 S.W.3d 950 (Tex. App.—Houston [14th Dist.] 2015).
· cites it 2× “3d at 803-04 ; Tex. Lab. Code Ann. § 410.302 (b) (West, Westlaw through 2015 R.”
Tex. Lab. Code § 410.302(b): 32 cases
Combined Specialty Ins. Co. v. Deese, 266 S.W.3d 653 (Tex. App.—Dallas 2008).
“3d at 712 ; see also TEX. LAB.CODE ANN. § 410.302(b) (limiting the scope of judicial review to "issues decided by the appeals panel and on which judicial review is sought").”
Morales v. Liberty Mut. Ins. Co., 241 S.W.3d 514 (Tex. 2007).
“See Tex. Lab.Code § 410.302(b). Thus, according to Liberty Mutual, the district court never had jurisdiction to decide that issue.”
Tex. Lab. Code § 410.302(e): 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.