Texas: Potential Violations for Failure to Timely Exchange Evidence Prior to a Benefit Review Conference

The new BRC rules for exchange of evidence went into effect on October 1, 2010.  As provided in Advisory 10-27, dated September 24, 2010, Downs Stanford provided information concerning the new schedule of required exchanges of relevant documents preceding a Benefit Review Conference.  As reported in the Advisory, it was anticipated that the Division would use the exchange of information submitted by the parties prior to a Benefit Review Conference for compliance performance.

This week through our Austin Board Representative service we have received a request for information from a Carrier investigating compliance with the new rules.  The Benefit Review Conference involved was October 6, 2010. 

If you do not have a work flow in place at this time to exchange relevant documents within 10 working days after receipt of a DWC 45, 14 days prior to a Benefit Review Conference or 3 days prior to an expedited Benefit Review Conference and any additional evidence at the Benefit Review Conference, it is recommended that you do so immediately.  If our office has provided exchange services for you in the past for the Benefit Review Conference, we can handle the initial exchange after receipt of the DWC 45 only if we receive the complete file materials within 5 days of your receipt of the DWC 45.  Please include the DWC 45.  If we do not receive the file materials timely, our office cannot be responsible for any potential violations.  When we are assigned a case for a Benefit Review Conference, we will continue to perform the exchange at that time.  However, there are earlier deadlines now that must be met. 

If you would like a seminar on what documents to exchange pursuant to the new rules, please contact Brian Lee to set up a seminar. The exchange needs to be provided not only to the opposing party, but also to the Division of Workers' Compensation. 

If you have any questions, please feel free to contact any attorney or Faye Scott at Downs Stanford at 214-397-1347.

   This article was written by Frances A. Lout, Esq., a Shareholder at Downs Stanford, P.C. and posted by Stuart D. Colburn, Esq.