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Appeals Panel Decision Manual - Table of Contents

Introduction

This manual is prepared under the supervision of the Appeals Panel. It serves as a guide for use by the Appeals Panel in deciding appeals of hearing officer's contested case hearing decisions. The primary purpose of the guide is to help the Appeals Panel achieve consistency in its decisions and inform its customers of the legal principles it expects to follow in deciding appeals. Use of this manual is not intended to be a substitute for obtaining legal counsel or advise. Due to the changing nature of the law, the manual will be updated frequently. The manual is an abbreviated summary of selected aspects of Texas workers' compensation law. An accurate understanding of the law covered in the manual may require reading the Act, rules, and cases referenced. The content of the manual does not constitute official DWC policy.

Organization for the Manual

The organization for the manual is based on the Disputed Issue Codes & Related Issue Guide, as revised in January 2004. This guide is the basis for the issue statements in benefit review conference reports that are referred for resolution at contested case hearings. An issue will be listed and directly to the right of the issue in parentheses will be the disputed issue code. For example, Existence of Coverage (C01).

For some of the Disputed Issue codes the law is changing or not well developed. Those codes have been intentionally left blank and the notation "Intentionally left blank" has been added after those codes.

Added at the end of the manual is a list of abbreviations and cross-references for use of this manual. There are also cross-references within the text.

How to Use the Manual On the Internet

There are links from the table of contents to the section or subsection you wish to read. In addition, there are links to each reference to a statute, rule, and APD. Any reference to a Section in the 400s and 500s refer to the 1989 Act. Any reference to a Section in the 100s refers to the DWC Rules. Because many issues overlap cross-references are added where appropriate.

Table of Contents

Attorney Fee Issues (A01-A04, A00) (Intentionally left blank)

Liability/Compensability Issues Part 1

Liability/Compensability Issues Part 2

Liability/Compensability Issues Part 3

Death Benefits Issues

Employer Reimbursement Issues

Income Benefit Issues

Medical Benefits Issues

Procedural Issues

Wage Issues

Abbreviation List

For more information, contact: apdmanual@tdi.texas.gov