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At a Glance:
Stipulations, Agreements, and Settlements

§ 144.10

Stipulations, Agreements, and Settlements

(a) Except as provided by subsections (d) and (e) of this section, at any time before or during the arbitration proceeding, parties may:

(1) enter into stipulations, defined as a voluntary accord between parties to an arbitration regarding any matter relating to the arbitration that does not constitute an agreement or a settlement, as defined by Labor Code § 401.011;

(2) resolve one or more benefit disputes by agreement; or

(3) resolve all benefit disputes by settlement.

(b) Stipulations shall be made as follows:

(1) in writing; and

(2) signed by all parties to the stipulation, or their representatives.

(c) Agreements and settlements shall be made as provided by Chapter 147 of this title (relating to Dispute Resolution--Agreements, Settlements, Commutations).

(d) Parties to a medical fee dispute may not enter into a:

(1) settlement; or

(2) a stipulation or agreement on a dispute regarding compensability, extent of injury, liability, or medical necessity for the same service for which there is a medical fee dispute.

(e) Parties to a medical fee dispute may not resolve the dispute by negotiating fees that are inconsistent with any applicable fee guidelines adopted by the commissioner of workers' compensation.

The provisions of this §144.10 adopted to be effective December 31, 1991, 16 TexReg 7358; amended to be effective May 31, 2012, 37 TexReg 3856.

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