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TX Proposal Regarding Benefit Review Conferences Amendments

12 May, 2010 WorkersCompensation.com

                               
Dallas, TX (CompNewsNetwork) - The Texas Department of Insurance, Division of Workers' Compensation (TDI-DWC) is accepting public comment on the proposal to 28 Texas Administrative Code (TAC) §§141.1, 141.2, 141.4 and 141.7, regarding Benefit Review Conferences.
 
The proposed amendments are necessary to implement changes to the Texas Labor Code relating to Benefit Review Conferences (BRCs) enacted by House Bill 7 in 2005. The changes are intended to promote communication between parties and encourage early resolution of benefit disputes without the initial involvement of the TDI-DWC. Prior to requesting a BRC, the disputing party must notify the other party of the dispute and attempt to resolve it. When requesting a BRC, the requesting party must provide details and supporting documentation of efforts made to resolve the dispute. BRC requests not submitted pursuant to the proposed rule requirements will be denied. The parties must exchange all pertinent information relating to the dispute among themselves in a timely manner. The requesting party must send pertinent information to the opposing party(ies) before the time of the initial BRC request while the opposing party must respond within 10 days after the receipt of the BRC request. All remaining pertinent information that becomes available must be exchanged between the parties and also sent to the TDI-DWC at least 14 days prior to the BRC. A request for rescheduling the BRC after the initial 10-day grace period must now be submitted in writing and show good cause. As a result of the proposed amendments to the BRC rules, revisions to the DWC Form-045, Request for a Benefit Review Conference, are also being proposed. TDI-DWC is accepting public comment on the draft form until June 7, 2010 at 5 p.m. (Central Standard Time). 

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