410.024
(a) Except as otherwise provided by law or commissioner rule, the parties to a disputed compensation claim are not entitled to a contested case hearing or arbitration on the claim unless a benefit review conference is conducted as provided by this subchapter. (b) The commissioner by rule shall adopt guidelines relating to claims that do […]
410.025
(a) The commissioner by rule shall prescribe the time within which a benefit review conference must be scheduled. (b) The division shall schedule a contested case hearing to be held not later than the 60th day after the date of the benefit review conference if the disputed issues are not resolved at the benefit review […]
410.026
(a) A benefit review officer shall: (1) mediate disputes between the parties and assist in the adjustment of the claim consistent with this subtitle and the policies of the division; (2) thoroughly inform all parties of their rights and responsibilities under this subtitle, especially in a case in which the employee is not represented by […]
410.027
(a) The commissioner shall adopt rules for conducting benefit review conferences. (b) A benefit review conference is not subject to common law or statutory rules of evidence or procedure. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended by Acts 2005, 79th Leg., ch. 265, § 3.159, eff. Sept. 1, 2005.
410.030
(a) An agreement signed in accordance with Section 410.029 is binding on the insurance carrier through the conclusion of all matters relating to the claim, unless the division or a court, on a finding of fraud, newly discovered evidence, or other good and sufficient cause, relieves the insurance carrier of the effect of the agreement. […]
410.031
(a) If a dispute is not entirely resolved at a benefit review conference, the benefit review officer shall prepare a written report that details each issue that is not resolved at the conference. (b) The report must also include: (1) a statement of each resolved issue; (2) a statement of each issue raised but not […]
410.033
(a) If there is a dispute as to which of two or more insurance carriers is liable for compensation for one or more compensable injuries, the commissioner may issue an interlocutory order directing each insurance carrier to pay a proportionate share of benefits due pending a final decision on liability. The proportionate share is computed […]
410.034
(a) The benefit review officer shall file the signed agreement and the report with the division. (b) The commissioner by rule shall prescribe the times within which the agreement and report must be filed. (c) The division shall furnish a copy of the file-stamped report to: (1) the claimant; (2) the employer; and (3) the […]
410.102
(a) An arbitrator must be an employee of the division, except that the division may contract with qualified arbitrators on a determination of special need. (b) An arbitrator must: (1) be a member of the National Academy of Arbitrators; (2) be on an approved list of the American Arbitration Association or Federal Mediation and Conciliation […]
410.103
An arbitrator shall: (1) protect the interests of all parties; (2) ensure that all relevant evidence has been disclosed to the arbitrator and to all parties; and (3) render an award consistent with this subtitle and the policies of the division. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended by […]