You have the right to appeal your contested case hearing (CCH) decision
If you disagree with any part of the decision from your CCH, you can ask the Appeals Panel at the Division of Workers’ Compensation to review the decision. Either side can appeal. The appeal must be in writing.
How to file an appeal
You must explain in your appeal why you believe the decision is wrong. You can point out evidence presented at the CCH and include rules, law, Appeals Panel decisions, and court cases to support your arguments. The other party or parties have a right to respond to your appeal in writing. That party should explain why they think the decision is correct.
When you send an appeal or a response to the Appeals Panel, you must send a copy to the other party the same day. Your appeal or response should include a signed statement that you sent a copy to the other party that includes the name and address or fax number where you sent it.
Deadline to file an appeal or response
Mail or fax your appeal or response to:
Chief Clerk of Proceedings, Hearings
Texas Department of Insurance, Division of Workers’ Compensation
Hearings, Mail Code HRG
PO Box 12050
Austin, Texas 78711-2050
512-804-4021 (fax number)
You have 15 days to file an appeal. The start date for the 15-day period is:
- five days after the date the administrative law judge’s decision was mailed by United States Postal Service regular mail;
- the date the decision was faxed or electronically sent; or
- (for insurance carriers only) the first working day after the date the decision was placed in a carrier's Austin representative box.
You also have 15 days to file a response to another party’s appeal. While the 15-day appeal and response periods do not include Saturdays, Sundays, or holidays listed in Texas Government Code Section 662.003, you are encourage to file your appeal or response as early as possible. The Appeals Panel will not consider a late appeal or response. If you need help, call 512-804-4020.
What is the Appeals Panel?
The Appeals Panel is a group of judges who review your written appeal of the CCH decision. The Appeals Panel does not hold a new hearing. The Appeals Panel may leave the decision of the administrative law judge in place or change the decision. It may also send the decision back to the administrative law judge for more action.
Help from an ombudsman
If you are an injured employee who wants to appeal the decision or file a response to an appeal and you do not have an attorney, you can get free help from an ombudsman at the Office of Injured Employee Counsel (OIEC). Call OIEC at 866-393-6432 or go to the OIEC website for more information.