Texas Labor Code
§ 410.307 — SUBSTANTIAL CHANGE OF CONDITION
LA § 410.307Title 5. WORKERS' COMPENSATION · Part A. TEXAS WORKERS' COMPENSATION ACT · Ch. 410. ADJUDICATION OF DISPUTES · Art. G. JUDICIAL REVIEW OF ISSUES REGARDING COMPENSABILITY OR INCOME OR DEATH BENEFITS
Statute text
View on source(a)Evidence of the extent of impairment is not limited to that presented to the division if the court, after a hearing, finds that there is a substantial change of condition. The court's finding of a substantial change of condition may be based only on:
(1)medical evidence from the same doctor or doctors whose testimony or opinion was presented to the division;
(2)evidence that has come to the party's knowledge since the contested case hearing;
(3)evidence that could not have been discovered earlier with due diligence by the party; and
(4)evidence that would probably produce a different result if it is admitted into evidence at the trial.
(b)If substantial change of condition is disputed, the court shall require the designated doctor in the case to verify the substantial change of condition, if any. The findings of the designated doctor shall be presumed to be correct, and the court shall base its finding on the medical evidence presented by the designated doctor in regard to substantial change of condition unless the preponderance of the other medical evidence is to the contrary.
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Legislative history
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.207, eff. September 1, 2005.