Preparing for an Appeal
An Ombudsman can assist you in preparing a Request for Review or with responding to a Request for Review filed by the other party.
Any party not satisfied with the decision of the hearing officer at a contested case hearing (CCH), may file a request for review by the appeals panel (AP). The AP is a panel of three judges in the Austin central office of the Division of Workers’ Compensation (DWC). There is a statutory deadline (15 days not counting Saturdays, Sundays and holidays) for filing an appeal. The party who is not satisfied with the decision of the hearing officer must carefully read each finding of fact and each conclusion of law and each specific order relating to each disputed issue. The dissatisfied party must clearly state the reasons for disagreeing with each finding of fact, each conclusion of law and each order. In addition, the dissatisfied party must request the AP to enter orders reversing the findings, conclusions and order of the hearing officer. A COPY OF THE REQUEST FOR REVIEW MUST BE SENT TO THE OPPOSING PARTY.
If a party is satisfied with some decisions but not all, an appeal should be filed on the decisions with which he or she is dissatisfied.
If the injured employee is satisfied with the decision and order of the hearing officer but the opposing party is not and they subsequently file a request for review by the AP, the injured employee MUST respond no later than 15 days after receipt of the opposing party’s request for review. As in the request for review, the satisfied party should state all the reasons he or she agrees with the findings, conclusions and decisions and orders of the hearing officer.