|(a) After the division is notified in writing that
a claimant is represented by an attorney or other representative,
all copies of written communications to the claimant will be sent
to the representative as well as the claimant. Copies of settlements,
notices setting benefit review conferences and hearings, and orders
of the division will always be sent to the claimant regardless of
representation status. All written communications to the claimant
or claimant's representative will be sent to the most recent address
or fax number supplied on either the employer's first report of injury,
any verbal or written communication from the claimant, or any claim
form filed by the insurance carrier through written notice or electronic
(b) All written communications to people other than
insurance carriers and claimants will be sent to the most recent address
or fax number reported to the division by the intended recipient or,
in the absence of an address or fax number supplied by the intended
recipient, to an address or fax number identified by the division.
(c) Unless otherwise specified by rule, written communications
required to be filed with the division may be sent to the division
headquarters or any division field office.
(d) For purposes of determining the date of receipt
for written communications sent by the division, which require the
recipient to perform an action by a specific date after receipt unless
the great weight of evidence indicates otherwise, the division will
deem the received date to be the earliest of: five days after the
date mailed through United States Postal Service regular mail, the
first working day after the date the written communication was placed
in an insurance carrier's Austin representative's electronic box,
or the date faxed or electronically transmitted as defined in subsection
(h) of this section.
(e) EDI and other required notices must be filed or
submitted in the format, form, and manner prescribed by the division
under §124.2 of this title (concerning Insurance Carrier Notification
Requirements), and Chapter 134, Subchapter I of this title (concerning
Medical Bill Reporting).
(f) Unless the great weight of evidence indicates otherwise,
written communications received by the division will be deemed to
have been sent on:
(1) the date received if sent by fax, personal delivery,
or electronic transmission; or
(2) the date postmarked if sent by United States Postal
Service regular mail, or, if the postmark date is unavailable, the
later of the signature date on the written communication or the date
it was received minus five days. If the date received minus five days
is a Sunday or legal holiday, the date deemed sent will be the next
previous day that is not a Sunday or legal holiday.
(g) Written communications include all records, reports,
notices, filings, submissions, and other information contained either
on paper or in an electronic format.
(h) Electronic transmission is defined as transmission
of information by fax, electronic mail, EDI, or any other similar
method and does not include telephonic communication.
(i) Subsection (e) is effective July 26, 2023. All
other subsections are effective on adoption.
|Source Note: The provisions of this §102.5 adopted to be effective July 29, 1991, 16 TexReg 3939; amended to be effective March 15, 1995, 20 TexReg 1418; amended to be effective August 29, 1999, 24 TexReg 6488; amended to be effective April 28, 2005, 30 TexReg 2396; amended to be effective March 9, 2022, 47 TexReg 1093