28 Tex. Admin. Code § 142.16 - Decision
(a) After the record closes, the
administrative law judge shall issue a decision on benefits. The decision
shall:
(1) be in writing;
(2) include findings of fact and conclusions
of law; a determination of whether benefits are due; and, if so, an award of
benefits due; and
(3) be signed by
the administrative law judge.
(b) On a form prescribed by the division the
administrative law judge shall issue a separate written decision regarding
attorney's fees and any matter related to attorney fees. A decision on income
or medical benefits may include an interlocutory order at the discretion of the
administrative law judge.
(c) No
later than the tenth day after the close of the hearing, the administrative law
judge shall file all decisions with the division.
(d) No later than seven days after filing the
decision, the division shall furnish to the parties, by first class mail or
personal delivery:
(1) a file-stamped copy of
the decision; and
(2) a statement
specifying the place, manner, and time period within which an appeal must be
filed.
(e) A decision
issued under this section shall be effective and binding on the date signed by
the administrative law judge unless superseded by an interlocutory order
contained in the decision, if any.
(f) A decision regarding benefits not
appealed to the appeals panel, as provided by the Texas Labor Code, §
410.202 and Chapter 143 of
this title, becomes final on the sixteenth day after the date received from the
division of hearings. Parties shall comply with a final decision or order
within 20 days of the date it becomes final as provided by the Texas Labor
Code, §
410.208.
(g) A decision regarding benefits appealed to
the appeals panel as provided by the Texas Labor Code, §
410.202 and Chapter 143 of
this title, is binding on the parties and payable during an appeal to the
appeals panel unless superceded by an interlocutory order contained in the
decision, if any.
(h) Parties shall
comply with a decision regarding benefits appealed to the appeals panel that
does not contain an interlocutory order by issuing and delivering payment of
accrued and unpaid income benefits no later than the fifth day after filing a
written request for appeal with the appeals panel as provided by the Texas
Labor Code, §
410.202, and Chapter143 of
this title.
(i) Payment of accrued
and unpaid income benefits paid in accordance with a decision shall include
interest pursuant to the Texas Labor Code, §
408.064 and §
408.081.
(j) Payment of medical benefits pursuant to a
decision shall be made in accordance with Chapters 408 and 413 of the Texas
Labor Code.
Notes
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