Texas Labor Code 410.151 – Contested Case Hearing; Scope
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(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.