Current through Reg. 49, No. 38; September 20, 2024
(a) All Issues Resolved. Division actions if
all issues are resolved at the benefit review conference.
(1) If all issues in dispute are resolved at
the benefit review conference by agreement or settlement, the agreement or
settlement must be reduced to writing and signed by each party and their
designated representative, if any, and the benefit review officer.
(2) The benefit review officer shall make the
agreement part of the claim file. If all issues in dispute are resolved at the
benefit review conference by settlement, the benefit review officer shall
submit the signed settlement to the commissioner or commissioner's designee for
handling as provided by Chapter 147 of this title (relating to Dispute
Resolution--Agreements, Settlements, Commutations). If the commissioner or
commissioner's designee rejects the settlement, the parties may request:
(A) a second benefit review conference, if a
second benefit review conference has not already been held; or
(B) a contested case hearing.
(b) Issues Not
Resolved. Division actions if issues are not resolved at the benefit review
conference.
(1) After First Benefit Review
Conference. If all issues in dispute are not resolved at the first benefit
review conference, the benefit review officer may set a second benefit review
conference or a contested case hearing.
(2) After Second Benefit Review Conference.
If all issues in dispute are not resolved at the second benefit review
conference, a contested case hearing will be scheduled by the benefit review
officer.
(c) Written
Report. Within five days after the benefit review conference is closed, the
benefit review officer shall submit the written report and any signed
agreements to the division's central office in Austin in accordance with Labor
Code §
410.031
and §
410.034.
(d) Copies of Report and Hearing Notice. The
division shall send to the injured employee; injured employee's representative,
if any; the insurance carrier; subclaimants; and the employer the following:
(1) a file-stamped copy of the report;
and
(2) notice of the date, time,
and location of the contested case hearing.
(e) Effective date. The effective date of
this section is October 1, 2010.
