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(6)A party who has exhausted the party's administrative remedies under this subtitle and who is aggrieved by a final decision of the State Office of Administrative Hearings may seek judicial review of the decision. Judicial review under this subsection shall be conducted in the manner provided for judicial review of contested cases under Subchapter G, Chapter 2001, Government Code. (7)The commission shall post the SOAH decision on the commission website after confidential information has been redacted. (u)Spinal Surgery Appeal. A party to a prospective necessity dispute regarding spinal surgery may appeal the IRO decision by requesting a Contested Case Hearing ("CCH"). (1)the written appeal must be filed with the commission Chief Clerk of Proceedings, Division of Hearings, within 10 days after receipt of the IRO decision and must be filed in compliance with §142.5(c) of this title (relating to Sequence of Proceedings to Resolve Benefit Disputes). (2)the CCH will be scheduled and held within 20 days of commission receipt of the request for a CCH. (3)the hearing and further appeals shall be conducted in accordance with Chapters 140, 142, and 143 of this title (relating to Dispute Resolution/General Provisions, Benefit Contested Case Hearing, and Review by the Appeals Panel). (4)the party appealing the IRO decision shall deliver a copy of its written request for a hearing to all other parties involved in the dispute; the IRO is not required to participate in the CCH or any appeal. (v)In all appeals from reviews of prospective or retrospective necessity disputes, the IRO decision has presumptive weight.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on October 19, 2001
TRD-200106295 Susan Cory
General Counsel
Texas Workers' Compensation
Commission
Earliest possible date of adoption: December 2, 2001
For further information, please call: (512) 804-4287
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