Texas Labor Code 504.054 – Contested Case Hearing On and Judicial Review of Independent Review
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(a) A party to a medical dispute that remains unresolved after the review described by § 504.053(d)(3) is entitled to a contested case hearing. A hearing under this subsection shall be conducted by the division in the same manner as a hearing conducted under § 413.0311.
(b) The administrative law judge conducting the contested case hearing under Subsection (a) shall consider any treatment guidelines adopted by the political subdivision or pool that provides medical benefits under § 504.053(b)(2) if those guidelines meet the standards provided by § 413.011(e).
Terms Used In Texas Labor Code 504.054
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Rule: includes regulation. See Texas Government Code 311.005
(c) A party that has exhausted all administrative remedies under Subsection (a) and is aggrieved by a final decision of the division may seek judicial review of the decision.
(d) Judicial review under Subsection (c) shall be conducted in the manner provided for judicial review of a contested case under Subchapter G, Chapter 2001, Government Code, and is governed by the substantial evidence rule.
(e) A decision of the independent review organization is binding during the pendency of a dispute.