Filing An Appeal Of A Contested Case Hearing Decision & Order

After a contested case hearing, the judge issues a decision in writing that gets sent out to all parties. You should read the decision and decide if there are any findings of fact or conclusions of law made by the judge that you need to appeal.
It’s important to note the date that you receive a copy of the decision. This starts the clock ticking on your deadline to file an appeal. There are two different ways to figure out when the clock starts ticking.
One is the actual date that you receive the CCH decision. The other is to figure out the 5th day after the date the Division placed the decision in the mail to your last known address. Whichever date is earliest, that is the date that starts your clock. You have 15 business days from that date to file an appeal.
If you decide to file an appeal, it must be filed with the chief clerk of proceedings in the Division’s Austin office. All appeals must be in writing and clearly rebut every decision of the judge that you want reviewed, as well as the relief you seek.
For instance, you might state that the judge was wrong to adopt the impairment rating of Dr. Sklar because he failed to follow the AMA Guides in assessing your impairment rating. Instead, the appeals panel should adopt the opinion of Dr. Pearson because he correctly used the AMA Guides and gave an accurate assessment of your impairment.
Send a copy of your appeal to the other side. That’s all you have to do.
If you won at the CCH and the insurance company files an appeal, you will need to file a response to carrier’s appeal that explains why the judge’s decision should not be overturned. This has to be filed within 15 days of receiving the insurance company’s request for review.
Remember to always work safe, but if an accident happens, call MLF Legal.