Texas Administrative Code
Title 28 - INSURANCE
Part 2 - TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION
Chapter 141 - DISPUTE RESOLUTION-BENEFIT REVIEW CONFERENCE
Section 141.2 - Canceling or Rescheduling a Benefit Review Conference
Universal Citation: 28 TX Admin Code ยง 141.2
Current through Reg. 49, No. 38; September 20, 2024
(a) In this subsection, "good cause" will be determined at the discretion of the benefit review officer on a case-by-case basis, including consideration of prejudice to parties, and means:
(1) objective facts beyond the control of a
party, which reasonably:
(A) prevent a party
from attending the benefit review conference; or
(B) would prevent the benefit review
conference from accomplishing its purpose, such as the need for a reasonable
amount of additional time to secure necessary evidence for the dispute;
or
(2) objective facts
which make the benefit review conference unnecessary.
(b) The division may cancel a benefit review conference at any time before the benefit review conference:
(1) on its own motion;
(2) at the request of the party who requested
the conference; or
(3) at the
mutual request of the parties.
(c) The division may reschedule a benefit review conference at any time before the benefit review conference:
(1) on its own motion, or
(2) at the request of a party.
(d) A request for cancellation or rescheduling under subsection (b) or (c) of this section shall be made by notifying the division in writing, with a copy to all parties, within 10 days of the date the notice of setting is received.
(1) The first request to reschedule a benefit
review conference under subsection (d) of this section does not have to
demonstrate good cause for the request but must comply with § 140.9 of
this title (relating to Requests by Parties).
(2) A request to reschedule or cancel a
benefit review conference made outside of the 10-day period, as well as all
subsequent rescheduling requests under subsection (c) of this section by any
party, must:
(A) be in writing and in the
form prescribed by the division;
(B) demonstrate good cause for canceling or
rescheduling, as defined by subsection (a) of this section;
(C) be sent to the division and opposing
party or parties no later than five days before the scheduled benefit review
conference unless good cause is demonstrated for filing later; and
(D) comply with the requirements of §
140.9 of this title.
(3)
A claimant who is neither represented by an attorney nor assisted by OIEC may
request that a benefit review conference be rescheduled or cancelled by
contacting the division in any manner.
(4) A cancellation of a benefit review
conference without simultaneous rescheduling constitutes a withdrawal of the
dispute on the issue. A request to cancel a benefit review conference subject
to §
130.12
of this title (relating to Finality of the First Certification of Maximum
Medical Improvement and/or First Assignment of Impairment Rating) must comply
with the provisions of §
130.12(b)(3)
of this title.
(5) Unless otherwise
directed by a presiding officer, a party opposing the rescheduling or
cancellation of a benefit review conference must file any written opposition
with the division within three days of receiving the cancellation or
rescheduling request.
(6) The
division will notify the parties of a cancellation or rescheduling of a benefit
review conference in a timely manner.
(7) If the benefit review officer denies a
request to cancel or reschedule a benefit review conference under this section,
the benefit review officer will notify the parties in writing and state the
reasons for the denial.
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