Texas Administrative Code
Title 28 - INSURANCE
Part 2 - TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION
Chapter 142 - DISPUTE RESOLUTION-BENEFIT CONTESTED CASE HEARING
Section 142.20 - Interlocutory Orders

Universal Citation: 28 TX Admin Code ยง 142.20

Current through Reg. 49, No. 38; September 20, 2024

(a) The administrative law judge may enter an interlocutory order to pay all or part of income benefits or medical benefits.

(b) An interlocutory order contained in a decision supersedes the decision as it pertains to the payment of income benefits or medical benefits and remains in effect until:

(1) the decision becomes final in accordance with § 142.16(f) of this title (relating to the Decision);

(2) the decision of the appeals panel is issued pursuant to the Texas Labor Code, § 410.204, and Chapter 143 of this title, if appealed to the appeals panel as provided by the Texas Labor Code, § 410.202, and Chapter 143 of this title and the decision and order are affirmed or an appeals panel decision reverses the administrative law judge's decision and renders a decision;

(3) reversed or modified by an agreement or settlement, as provided by § 147.7 of this title (relating to Effect on Previously-Entered Decisions and Orders); or

(4) reversed or modified by a subsequent interlocutory order or decision issued after remand from the appeals panel pursuant to the Texas Labor Code, § 410.203, and Chapter143 of this title.

(c) An interlocutory order for payment of income benefits or medical benefits shall be effective on the date signed by the administrative law judge.

(d) A party shall comply with an interlocutory order by issuing and delivering payment of accrued and unpaid income benefits no later than the fifth day after receiving the interlocutory order to pay accrued and unpaid benefits, and shall pay benefits in accordance with the interlocutory order as and when they accrue.

(e) Payment of accrued and unpaid income benefits paid in accordance with an interlocutory order shall include interest pursuant to the Texas Labor Code, § 408.064 and § 408.081.

(f) Payment of medical benefits pursuant to an interlocutory order shall be made in accordance with Chapters 408 and 413 of the Texas Labor Code.

(g) An interlocutory order contained in a decision will be distributed to the parties as provided by § 142.16 of this title (relating to the Decision).

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