How to Appeal a Contested Case Hearing Decision in Texas Workers’ Compensation (DWC Appeals Panel Guide)
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How to Appeal a Contested Case Hearing Decision in Texas Workers’ Compensation (DWC Appeals Panel Guide)
When a Contested Case Hearing (CCH) doesn’t go your way, the next step in the Texas workers’ compensation system is to appeal a CCH decision to the DWC Appeals Panel. This stage is critical. The Appeals Panel is the gateway to judicial review, and if an issue is not properly raised here, it is lost forever — even if the administrative law judge made a clear mistake.
Because the Appeals Panel follows strict deadlines and rigid procedural rules, understanding how the process works can make the difference between preserving your rights and losing them permanently. This guide explains the Appeals Panel process in plain English, while also discussing some of our strategic insights, preservation rules, and pitfalls that may come your way.
What Is the DWC Appeals Panel?
The Appeals Panel is a three‑member administrative body within the Texas Division of Workers’ Compensation. It reviews decisions issued by Administrative Law Judges (ALJs) after a CCH.
The Panel does not:
- Take new evidence
- Re‑weigh credibility
- Conduct hearings
- Allow new testimony
Instead, it reviews the existing record, the written appeal, and the written response.
Because the record is closed, everything must be preserved at the CCH — objections, offers of proof, excluded evidence, and disputed issues. If it’s not in the record, the Appeals Panel cannot consider it when you appeal a CCH decision.
Why Appeals Matter So Much
Under Texas Labor Code § 410.302, judicial review in district court is limited to issues decided by the Appeals Panel.
That means:
- If you don’t raise an issue in your appeal → you cannot raise it in court.
- If you don’t preserve an issue at the CCH → you cannot raise it in your appeal.
- If you miss the appeal deadline → the CCH decision becomes final.
The Appeals Panel is not just a formality — it is the legal choke point of the entire system.
FAQs: How to Appeal a Contested Case Hearing Decision in Texas Workers’ Compensation (DWC Appeals Panel Guide)
You have 15 days from the date you receive the decision. Weekends and listed holidays do not count.
.
No. The Appeals Panel reviews only the record from the CCH.
The CCH decision becomes final, and you lose the right to judicial review.
While not required, legal representation significantly improves your chances because the rules are strict and the deadlines unforgiving.
If you disagree, you may seek judicial review — but only on issues preserved at the CCH and raised in the appeal.
Injured at work in Texas and your employer doesn’t have workers’ comp?
You may have the right to sue and recover full compensation.
Contact MLF Legal today for a free consultation. You pay nothing unless we win your case.
The Deadline: 15 Days — No Exceptions
Texas Labor Code § 410.202(a) gives you 15 days from the date you receive the CCH decision to file your appeal.
This deadline is jurisdictional.
If you file on day 16, the appeal is dismissed — even if the delay was caused by:
- Mail issues
- Miscalculations
- Good‑faith mistakes
- Misunderstanding the rules
The Appeals Panel enforces this deadline strictly.
How the 15‑day rule works
- The clock starts the day you receive the decision.
- Weekends and listed state holidays do not count.
- You must file the appeal and serve the other party on the same day.
When you appeal a CCH decision, a safe practice is to file your appeal early so you don’t accidentally miss the deadline.
What You Can Appeal
The Appeals Panel reviews:
- The CCH record
- The written appeal
- The written response
You may appeal issues such as:
- Disability
- Compensability
- Extent of injury & Causation
- Average Weekly Wage
- Post‑Injury Earnings
- Bona Fide Offers of Employment
- MMI and impairment rating
- Excluded evidence
- Procedural errors
However, the Panel will not consider issues that were not raised at the CCH.
How to Preserve Issues for Appeal
Texas workers’ comp appeals are subject to a core truth: appeals are won or lost at the CCH. This is why using experienced workers’ comp attorneys is so important at a contested case hearing.
To preserve issues:
1. Make timely objections
If you don’t object, the issue is waived.
2. Make offers of proof
If evidence is excluded, you must:
- Dictate the excluded testimony into the record, or
- Mark the excluded document as an exhibit
Without an offer of proof, the Appeals Panel cannot review the exclusion.
3. Clarify disputed issues on the record
If the ALJ misstates the issues, correct it immediately.
4. Request rulings
If the ALJ doesn’t rule, ask for a ruling.
5. Ensure the record is complete
At the close of the hearing, confirm that all exhibits were admitted and all objections were ruled on.
These steps are essential because the Appeals Panel cannot consider anything outside the record.
How to Write an Effective Workers’ Comp Appeal
A strong appeal is:
- Specific
- Concise
- Bases on the record
- Focused on legal error or factual insufficiency
Your appeal must:
- Identify each finding you challenge
- Cite the exact evidence supporting your position
- Explain why the ALJ’s decision is incorrect
- Request the proper remedy (affirm, reverse and render, or reverse and remand)
Common arguments include:
- The ALJ misapplied the law
- The ALJ ignored uncontroverted evidence
- The ALJ’s findings are against the great weight of the evidence
- The ALJ improperly excluded evidence
- The ALJ relied on evidence that should not have been admitted
Common mistakes include:
- Vague appeals
- Rambling narratives
- Failure to cite the record
- Failure to request specific relief
- Missing the deadline
- Failing to serve the other party
The Appeals Panel expects precision when you appeal a CCH decision.
What the Appeals Panel Can Do
Under Texas Labor Code § 410.204, the Panel may:
- Affirm the ALJ’s decision
- Reverse and render a new decision
- Reverse and remand for further development
The Panel cannot modify findings or craft partial remedies. It must choose one of the three.
What Happens After the Appeal Is Filed
Once the appeal is filed:
- The opposing party has 15 days to file a response.
- The Appeals Panel reviews the record, the appeal, and the response.
- The Panel issues a written decision.
If the Panel does not issue a decision within the statutory time frame, the ALJ’s decision becomes final by operation of law.
What If You Lose the Appeal?
If the Appeals Panel affirms the ALJ’s decision, you may still seek judicial review in district court — but only on issues:
- Raised at the CCH
- Raised in the appeal
- Decided by the Appeals Panel
This is why preservation is everything.
How MLF Legal Protects Injured Workers on Appeal
MLF Legal handles every stage of the appeals process, including:
- Preserving issues at the CCH
- Preparing detailed, legally sound appeals
- Challenging improper findings
- Correcting procedural errors
- Responding to carrier appeals
- Preparing cases for judicial review
The Appeals Panel is unforgiving. You deserve a team that understands the rules and knows how to protect your rights when you appeal a CCH decision.
Call MLF Legal today at 214‑357‑1782 for a free consultation with a Texas workers’ comp lawyer.
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