Workers' Compensation Law Board Certification by the TBLS

For purposes of the board certification program in Texas, the term "workers’ compensation law" is defined as the practice of law dealing with the rights and duties of employees, employers, health care providers, and insurance carriers arising out of the Texas Workers’ Compensation Act.

For purposes of board certification in workers' compensation law, the practice area also involves workers’ compensation claim disputes adjudicated under the Administrative Procedure Act, and representing clients before:

• the Texas Department of Insurance;
• Workers’ Compensation Division;
• Texas Workers’ Compensation Commission;
• the State Office of Administrative Hearings;
• in suits for judicial review of the decisions of each of these agencies.

Attorneys certified in workers’ compensation law must understand income benefit payments and medical benefit payments, as well as the administrative obligations of claimants, employers, and insurance carriers.

The practice of workers’ compensation law requires that practitioners demonstrate a significant knowledge of the injury process, and its effect on the human body. 

To become board certified, the attorney must show substantial involvement and special competence in Texas workers’ compensation law practice by providing such information as may be required by TBLS.

For example, the attorney must have devoted a minimum of 30% of his or her time practicing Texas workers’ compensation law during each year of the 3 years immediately preceding application. 

The attorney must provide information as required by TBLS concerning specific tasks he or she has performed in Texas workers’ compensation law. In evaluating experience, TBLS may take into consideration the nature, complexity, and duration of the tasks handled by the attorney.

The attorney must have been lead counsel (as a party representative or agency representative) in 3 of the following 5 categories including: 

• Thirty-six (36) Benefit Review Conferences concluded by agreement or by the report of a Benefit Review Officer within the 3 years immediately preceding application
• Thirty-six (36) Benefit Contested Case Hearings litigated to a final contested decision before the Texas Department of Insurance; Workers’ Compensation Division or the Texas Workers’ Compensation Commission within the 3 years immediately preceding application
• Thirty-six (36) Contested Case Hearings under Chapter 413 litigated to a final contested decision before the State Office of Administrative Hearings or substantial evidence review at a trial court level within the 3 years immediately preceding application
• Twenty-four (24) appeals to the Appeals Panel of the Texas Department of Insurance; Workers’ Compensation Division or the Texas Workers’ Compensation Commission following a decision of a Benefit Contested Case Hearing Officer within the 3 years immediately preceding application
• Six (6) suits for judicial review of decisions of the Texas Department of Insurance; Workers’ Compensation Division, the Texas Workers’ Compensation Commission, or the Industrial Accident Board litigated to a decision within the 10 years immediately preceding application.