Bill Text: TX HB1870 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to judicial review in district court of certain workers' compensation disputes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-29 - Committee report sent to Calendars [HB1870 Detail]
Download: Texas-2011-HB1870-Introduced.html
Bill Title: Relating to judicial review in district court of certain workers' compensation disputes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-29 - Committee report sent to Calendars [HB1870 Detail]
Download: Texas-2011-HB1870-Introduced.html
82R8089 JSC-F | ||
By: Giddings | H.B. No. 1870 |
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relating to judicial review in district court of certain workers' | ||
compensation disputes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 410.252(d), Labor Code, is amended to | ||
read as follows: | ||
(d) If a suit is initially filed within the 45-day [ |
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period in Subsection (a), and is transferred under Subsection (c), | ||
the suit is considered to be timely filed in the court to which it is | ||
transferred. | ||
SECTION 2. Section 413.0311(d), Labor Code, is amended to | ||
read as follows: | ||
(d) A party who has exhausted all administrative remedies | ||
under Section 413.031 and this section and who is aggrieved by a | ||
final decision of the hearings officer under Subsection (c) may | ||
seek judicial review of the decision. Except as provided by | ||
Section 413.0312, judicial [ |
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shall be conducted in the manner provided for judicial review of a | ||
contested case under Subchapter G, Chapter 2001, Government Code. | ||
SECTION 3. Subchapter C, Chapter 413, Labor Code, is | ||
amended by adding Section 413.0312 to read as follows: | ||
Sec. 413.0312. JUDICIAL REVIEW OF CERTAIN MEDICAL DISPUTES: | ||
TIME FOR FILING PETITION; VENUE. (a) A party may seek judicial | ||
review of a final decision of a hearings officer in a contested case | ||
hearing under Section 413.0311 by filing suit not later than the | ||
45th day after the date on which the division mailed the party the | ||
decision of the hearings officer. For purposes of this section, | ||
the mailing date is considered to be the fifth day after the date | ||
the decision of the hearings officer was filed with the division. | ||
(b) The party bringing suit to appeal the decision must file | ||
a petition with the appropriate court: | ||
(1) in the county where the employee resided at the | ||
time of the injury or death, if the employee is deceased; or | ||
(2) in the case of an occupational disease, in the | ||
county where the employee resided on the date disability began or | ||
any county agreed to by the parties. | ||
(c) If a suit under this section is filed in a county other | ||
than the county described by Subsection (b), the court, on | ||
determining that it does not have jurisdiction to render judgment | ||
on the merits of the suit, shall transfer the case to a proper court | ||
in a county described by Subsection (b). Notice of the transfer of | ||
a suit shall be given to the parties. A suit transferred under this | ||
subsection shall be considered for all purposes the same as if | ||
originally filed in the court to which it is transferred. | ||
(d) If a suit is initially filed within the 45-day period in | ||
Subsection (a), and is transferred under Subsection (c), the suit | ||
is considered to be timely filed in the court to which it is | ||
transferred. | ||
SECTION 4. The change in law made by this Act applies only | ||
to a suit for judicial review filed on or after the effective date | ||
of this Act. A suit for judicial review filed before the effective | ||
date of this Act is covered by the law as it existed on the date the | ||
suit was filed, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 5. This Act takes effect September 1, 2011. |