RULE §141.2 Canceling or Rescheduling a Benefit Review Conference


Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
(a) Applicability. This subsection applies to a benefit review conference that is requested before December 1, 2011.   (1) The division may cancel or reschedule a benefit review conference:     (A) on its own motion;     (B) at the request of the party who requested the conference; or     (C) at the mutual request of the parties.   (2) A request for cancellation or rescheduling under paragraph (1) of this subsection shall be made by notifying the division within 10 days of the date the notice of setting is received. The date the notice of setting is received is deemed to be the fifth day after the date of the notice. Cancellation or rescheduling requests made during this 10-day period are unrestricted unless a pattern of abuse is detected.   (3) Cancellation or rescheduling requests made after the unrestricted cancellation period defined in paragraph (2) of this subsection shall be in writing unless waived by the division and sent to the division and opposing party or parties. The request shall be granted only on a showing of good cause. Good cause may include, but is not limited to, the following:     (A) the parties independently resolved the disputed issue or issues by agreement or settlement, as provided by Chapter 147 of this title (relating to Dispute Resolution--Agreements, Settlements, Commutations);     (B) the conference was scheduled with the wrong insurance carrier;     (C) the party requesting the BRC no longer desires to pursue the issue;     (D) the injured employee has died and no additional benefits appear due; or     (E) illness of a party.   (4) The division will notify the parties of a cancellation or rescheduling of a benefit review conference in a timely manner. (b) Applicability. This subsection applies to a benefit review conference that is requested on or after December 1, 2011.   (1) 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:     (A) objective facts beyond the control of a party, which reasonably:       (i) prevent a party from attending the benefit review conference; or       (ii) 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     (B) objective facts which make the benefit review conference unnecessary.   (2) The division may cancel or reschedule a benefit review conference at any time before the benefit review conference:     (A) on its own motion;     (B) at the request of the party who requested the conference; or     (C) at the mutual request of the parties.   (3) A request for cancellation or rescheduling under paragraph (2)(B) or (C) of this subsection shall be made by notifying the division within 10 days of the date the notice of setting is received. The date the notice of setting is received is deemed to be the fifth day after the date of the notice. Cancellation or rescheduling requests made during this 10-day period are unrestricted unless a pattern of abuse is detected.   (4) Cancellation or rescheduling requests under paragraph (2)(B) or (C) of this subsection made after the unrestricted cancellation period defined in paragraph (3) of this subsection must:     (A) be in writing and in the form prescribed by the division;     (B) demonstrate good cause for canceling or rescheduling, as defined by paragraph (1) of this subsection; and     (C) be sent to the division and opposing party or parties.   (5) 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.   (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.

Source Note: The provisions of this §141.2 adopted to be effective June 7, 1991, 16 TexReg 2876; amended to be effective October 1, 2010, 35 TexReg 7430; amended to be effective November 20, 2011, 36 TexReg 7867