Prepare for your hearing.
The judge will make a decision only based on the evidence admitted at your hearing. Be sure to gather all information you need, timely exchange it, and bring it with you to the hearing.
Your hearing set notice and the practices and procedures for contested case hearings explain more about how to prepare.
Learn more about hearings in Texas Labor Code Chapter 410, Subchapter D and 28 Texas Administrative Code (TAC) Chapter 142.
What are the options after the last benefit review conference?
If you go to a benefit review conference and do not reach an agreement on all disputed issues, a hearing will be scheduled. You will be sent a notice about how to attend the hearing.
Even if a hearing is scheduled, you have the option of choosing arbitration. Learn more about arbitration.
Sometimes parties reach an agreement before the hearing. If you do, send a copy of the agreement to the administrative law judge for review. If the judge approves an agreement on all issues, the hearing may be cancelled.
How are hearings held?
Most hearings are held at a local field office. However, if the parties agree or if DWC determines there is a good reason (good cause), the hearing may be conducted by videoconference.
Learn more about how to attend a hearing.
What happens at a contested case hearing?
At the hearing, the judge listens as the parties offer evidence about the issues. The employer is not required to go to the hearing unless it filed the dispute. If the employer does attend, it can offer evidence. Witnesses answer questions under oath, and each party explains its side of the case. After the hearing, the judge reviews the evidence and makes a decision on each issue.
Is the judge’s decision binding?
Yes. The judge’s decision is binding on all parties. If there is an appeal, the judge’s decision will remain in effect until the DWC Appeals Panel makes its decision.
What if you don’t agree with the judge’s decision?
If either side disagrees with any part of the judge’s decision, they can ask the DWC Appeals Panel to review it. Learn more about appeals in Labor Code Chapter 410, Subchapter E and 28 TAC Sections 142.16-143.5.
What will the Appeals Panel do?
They will review the evidence from the hearing. The Appeals Panel may:
- Agree with the judge’s decision (affirm);
- Reach a new decision (reverse and render);
- Send the judge’s decision back to the judge for more action (reverse and remand); or
- Do a combination of the above.
What if you don’t agree with the decision of the Appeals Panel?
If either side disagrees with any part of the Appeals Panel's decision, they may ask for judicial review by filing an appeal in district court. Learn more about judicial review in Labor Sections 410.208 and 410.251-410.308.
Need help?
- If you want an attorney and need help finding one, visit the State Bar of Texas website or call 800-204-2222.
- If you do not have an attorney and want help from an ombudsman, visit the Office of Injured Employee Counsel (OIEC) website or call 866-393-6432.
Questions?
Call DWC Customer Service at 800-252-7031, Monday through Friday, 8 a.m. to 5 p.m., Central time.