180.5

(a) Upon written request from the division any system participant shall provide copies of or access to all records and information held by that system participant related to issues being reviewed or investigated in the format and manner specified by the division. (b) The request will identify the records and information to be produced and […]

180.9

(a) If a hearing was conducted in conjunction with Labor Code §§ 407.046, 408.023, 415.0215, or 415.034, or in another case under the Act that is not subject to Labor Code § 402.073(b), the commissioner shall review the proposed decision of the administrative law judge. If the commissioner modifies, amends, or changes a recommended finding […]

180.10

(a) The commissioner ex parte may issue an emergency cease and desist order upon application by division staff if: (1) the commissioner believes a person regulated by the division under Labor Code, Title 5 is engaging in conduct violating a law, rule or order; and (2) the commissioner believes that the alleged conduct under paragraph […]

180.27

(a) In accordance with Labor Code § 408.0231(d)(2) a doctor, other than a doctor to which Labor Code § 408.023(r) applies, may apply for the restoration of a doctor privilege removed under Labor Code § 408.0231 by sending a letter of consideration to the Medical Advisor. (b) The request shall be evaluated by the Medical […]

126.15

(a) This section applies to insurance carrier underpayment of income benefits. It does not apply to: (1) insurance carrier underpayment of death, burial, or medical benefits; or (2) redesignation of income benefits. (b) If the insurance carrier determines on its own that an underpayment of income benefits has occurred, the insurance carrier shall pay the […]

126.16

(a) This section applies to insurance carrier overpayment of income benefits. It does not apply to: (1) insurance carrier overpayment of death, burial, or medical benefits; (2) redesignation of income benefits; or (3) repayments pursuant to Labor Code § 415.008. (b) If an insurance carrier determines that it has overpaid income benefits to an injured […]

128.1

(a) The average weekly wage (AWW) calculation for an injured employee (employee) shall be calculated depending on whether the employee was employed in one of the following five courses of employment: (1) full-time (see §128.3 of this title (relating to Average Weekly Wage Calculation for Full-Time Employees, And For Temporary Income Benefits For All Employees)); […]

141.3

(a) Applicability. This subsection applies to a benefit review conference that is requested before December 1, 2011. (1) When a party fails to attend a benefit review conference without good cause, as determined by the benefit review officer, the benefit review officer: (A) shall hold the conference as scheduled; and (B) may recommend the issuance […]

276.13

(a) Definition. Groundless–no basis in law or fact and not warranted by a good faith argument for the extension, modification, or reversal of existing law. (b) The Office of Injured Employee Counsel Ombudsmen shall adhere to the ethical standards as reflected in Rule 13 of the Texas Rules of Civil Procedure in that groundless factual […]

133.306

(a) The Commissioner of Workers’ Compensation may delegate the authority to issue interlocutory orders for accrued and/or future medical benefits to division staff. (b) The division may enter an interlocutory order for accrued or future medical benefits when: (1) the division determines that an insurance carrier has disputed medical benefits as the result of a […]