Texas House Bill HB1870

Texas 2011 - 82nd Regular

• Out of House Committee: 4/28/11
• Introduced: 2/25/11
• Refer: 3/7/11

Caption

Relating to judicial review in district court of certain workers' compensation disputes.

Impact

The bill impacts state laws governing the workers' compensation system by providing more time for injured employees or other parties who wish to contest an administrative decision. By streamlining the timelines and ensuring that suits are considered 'timely filed' if initiated within the new period, HB1870 aims to improve access to judicial remedies for those aggrieved by workers' compensation decisions. This change could lead to an increase in the number of cases litigated in district courts as more individuals may feel empowered to challenge decisions that they perceive as unjust.

Summary

House Bill 1870 addresses judicial review processes related to certain workers' compensation disputes in Texas. This legislation amends specific sections of the Labor Code, particularly Sections 410.252 and 413.0311, to clarify and adjust the timeframes for filing suits that seek judicial review following a decision by a hearings officer. Notably, it modifies the existing 40-day period to 45 days for filing suit after a decision has been rendered, thereby extending the time that parties have to seek judicial redress in district court.

Contention

While supporters of HB1870 argue that the adjustments will enhance fairness in the administrative process of workers' compensation disputes, there may be contention surrounding the implications of increased litigation. Some stakeholders in the workers' compensation system could raise concerns about the potential for the bill to lead to more frequent and prolonged court battles over disputes that could have otherwise been resolved through administrative channels. Opponents might argue that such a change could place additional strain on the judicial system and complicate the workers' compensation process, detracting from its intended efficiency.