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A BILL TO BE ENTITLED
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AN ACT
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relating to judicial review in district court of certain workers' |
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compensation disputes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 410.252(d), Labor Code, is amended to |
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read as follows: |
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(d) If a suit is initially filed within the 45-day [40-day] |
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period in Subsection (a), and is transferred under Subsection (c), |
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the suit is considered to be timely filed in the court to which it is |
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transferred. |
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SECTION 2. Section 413.0311(d), Labor Code, is amended to |
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read as follows: |
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(d) A party who has exhausted all administrative remedies |
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under Section 413.031 and this section and who is aggrieved by a |
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final decision of the hearings officer under Subsection (c) may |
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seek judicial review of the decision. Except as provided by |
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Section 413.0312, judicial [Judicial] review under this subsection |
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shall be conducted in the manner provided for judicial review of a |
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contested case under Subchapter G, Chapter 2001, Government Code. |
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SECTION 3. Subchapter C, Chapter 413, Labor Code, is |
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amended by adding Section 413.0312 to read as follows: |
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Sec. 413.0312. JUDICIAL REVIEW OF CERTAIN MEDICAL DISPUTES: |
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TIME FOR FILING PETITION; VENUE. (a) A party may seek judicial |
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review of a final decision of a hearings officer in a contested case |
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hearing under Section 413.0311 by filing suit not later than the |
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45th day after the date on which the division mailed the party the |
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decision of the hearings officer. For purposes of this section, |
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the mailing date is considered to be the fifth day after the date |
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the decision of the hearings officer was filed with the division. |
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(b) The party bringing suit to appeal the decision must file |
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a petition with the appropriate court: |
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(1) in the county where the employee resided at the |
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time of the injury or death, if the employee is deceased; or |
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(2) in the case of an occupational disease, in the |
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county where the employee resided on the date disability began or |
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any county agreed to by the parties. |
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(c) If a suit under this section is filed in a county other |
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than the county described by Subsection (b), the court, on |
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determining that it does not have jurisdiction to render judgment |
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on the merits of the suit, shall transfer the case to a proper court |
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in a county described by Subsection (b). Notice of the transfer of |
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a suit shall be given to the parties. A suit transferred under this |
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subsection shall be considered for all purposes the same as if |
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originally filed in the court to which it is transferred. |
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(d) If a suit is initially filed within the 45-day period in |
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Subsection (a), and is transferred under Subsection (c), the suit |
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is considered to be timely filed in the court to which it is |
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transferred. |
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SECTION 4. The change in law made by this Act applies only |
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to a suit for judicial review filed on or after the effective date |
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of this Act. A suit for judicial review filed before the effective |
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date of this Act is covered by the law as it existed on the date the |
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suit was filed, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2011. |