Sec. 410.151. CONTESTED CASE HEARING; SCOPE. (a) If arbitration is not elected under Section 410.104, a party to a claim for which a benefit review conference is held or a party eligible to proceed directly to a contested case hearing as provided by Section 410.024 is entitled to a contested case hearing.
(b) An issue that was not raised at a benefit review conference or that was resolved at a benefit review conference may not be considered unless:
(1) the parties consent; or
(2) if the issue was not raised, the commissioner determines that good cause existed for not raising the issue at the conference.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.180, eff. September 1, 2005.
Structure Texas Statutes
Title 5 - Workers' Compensation
Subtitle A - Texas Workers' Compensation Act
Chapter 410 - Adjudication of Disputes
Subchapter D. Contested Case Hearing
Section 410.151. Contested Case Hearing; Scope
Section 410.152. Administrative Law Judges; Qualifications
Section 410.153. Application of Administrative Procedure Act
Section 410.154. Scheduling of Hearing
Section 410.156. Attendance Required; Administrative Violation
Section 410.159. Standard Interrogatories
Section 410.160. Exchange of Information
Section 410.161. Failure to Disclose Information
Section 410.162. Additional Discovery
Section 410.163. Powers and Duties of Administrative Law Judge