(a) When a carrier believes that a claimant is no longer entitled to temporary total benefits because the claimant has returned to work, or has been released to return to without restrictions, the carrier shall:

(1) initiate payment of partial benefits based on a determination of the claimant's lost wage earning capacity, either periodically or in a lump sum; and

(2) file the appropriate notice with the board.

(b) If the carrier fails or refuses to comply with this section, the claim shall be set for a hearing on the board's next available formal hearing docket.

The provisions of this § 53.48 adopted to be effective January 1, 1990, 14 TexReg 6673.