Texas comp division asks lawmakers to allow remote contested hearings

The Texas Division of Workers’ Compensation recommended that state lawmakers amend the law to allow contested case hearings by video conference if all parties agree.

The division outlined its legislative recommendations in its biennial report published Friday. The agency’s other recommendation is to remove outdated statutory references.

The Legislature in 2021 enacted a bill allowing remote benefit review conferences. Benefit review conferences are informal mediation and the first step in the process of resolving disputes over decisions insurers make on a claim.

The next step is a formal hearing held by an administrative law judge, also known as a contested case hearing.

Contested case hearings must be held within 75 miles of the injured worker’s residence unless the division finds good cause to hold the proceedings somewhere else. During the COVID-19 pandemic, the division used the good cause exception to hold benefit review conferences and contested case hearings remotely.

“Virtual hearings, on agreement of all parties, would improve access to legal representation for injured employees living in more remote regions of our state,” the report says. “Permitting all parties to appear at (contested case hearings) by video conference will help shorten timelines to resolve disputes, improve injured employees’ access to necessary medical treatment and allow them to return to work more quickly.”

The DWC also recommended that lawmakers remove statutory references to the list of approved doctors. The law creating the approved doctors list expired Sept. 1, 2007, the division said, but it is still referenced in the Labor Code, which confuses system users.

“Today, injured employees have the right to choose a ‘treating doctor’ to treat their injuries,” the report says. “If they want to change treating doctors, they ask DWC to let them make a change. Before 2007, injured employees had to select their doctors from the (approved doctors list), but that has not been the case since.”

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