Texas Labor Codes 410.256 pre 9/1/97

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§ 410.256 pre 9/1/97 Court Approval Of Settlement - pre 9/1/97

[effective for a proceeding initiated on or before September 1, 1997]

(a) The trial court must approve a settlement made by the parties after judicial review of an award is sought and before the court enters judgment. The court may not approve a settlement except on a finding that:


(1) the settlement accurately reflects the agreement between the parties;


(2) the settlement adheres to all appropriate provisions of the law; and


(3) under the law and facts, the settlement is in the best interest of the claimant.

(b) A settlement may not provide for:


(1) payment of any benefits in a lump sum except as provided by Section 408.128; or


(2) the limitation or termination of the claimant's right to medical benefits under Section 408.021.

(c) A settlement or agreement that resolves an issue of impairment may not be made before the claimant reaches maximum medical improvement and must adopt one of the impairment ratings under Subchapter G, Chapter 408.


(d) A party proposing a settlement before judgment is entered by the trial court may petition the court orally or in writing for approval of the settlement.


Acts 1993, 73rd Leg., ch. 269, §1, eff. Sept. 1, 1993.


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