410.118
(a) The arbitrator shall enter the arbitrator’s award not later than the seventh day after the last day of arbitration. (b) The arbitrator shall base the award on the facts established at arbitration, including stipulations of the parties, and on the law as properly applied to those facts. (c) The award must: (1) be in […]
410.119
(a) An arbitrator’s award is final and binding on all parties. Except as provided by Section 410.121, there is no right to appeal. (b) An arbitrator’s award is a final order of the division. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended by Acts 2005, 79th Leg., ch. 265, § […]
410.121
(a) On application of an aggrieved party, a court of competent jurisdiction shall vacate an arbitrator’s award on a finding that: (1) the award was procured by corruption, fraud, or misrepresentation; (2) the decision of the arbitrator was arbitrary and capricious; or (3) the award was outside the jurisdiction of the division. (b) If an […]
410.151
(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 […]
410.153
Chapter 2001, Government Code, applies to a contested case hearing to the extent that the commissioner finds appropriate, except that the following do not apply: (1) Section 2001.054; (2) Sections 2001.061 and 2001.062; (3) Section 2001.202; and (4) Subchapters F, G, I, and Z,1 except for Section 2001.141(c). Acts 1993, 73rd Leg., ch. 269, § […]
410.154
The division shall schedule a contested case hearing in accordance with Section 410.024 or 410.025(b). Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended by Acts 2005, 79th Leg., ch. 265, § 3.182, eff. Sept. 1, 2005.
410.157
The commissioner shall adopt rules governing procedures under which contested case hearings are conducted. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended by Acts 2005, 79th Leg., ch. 265, § 3.185, eff. Sept. 1, 2005.
410.159
(a) The commissioner by rule shall prescribe standard form sets of interrogatories to elicit information from claimants and insurance carriers. (b) Standard interrogatories shall be answered by each party and served on the opposing party within the time prescribed by commissioner rule, unless the parties agree otherwise. Acts 1993, 73rd Leg., ch. 269, § 1, […]
410.160
Within the time prescribed by commissioner rule, the parties shall exchange: (1) all medical reports and reports of expert witnesses who will be called to testify at the hearing; (2) all medical records; (3) any witness statements; (4) the identity and location of any witness known to the parties to have knowledge of relevant facts; […]
410.161
A party who fails to disclose information known to the party or documents that are in the party’s possession, custody, or control at the time disclosure is required by Sections 410.158-410.160 may not introduce the evidence at any subsequent proceeding before the division or in court on the claim unless good cause is shown for […]