The following words and terms, when used in this part, shall
have the following meanings, unless the context clearly indicates
(1) Benefit dispute--A disputed issue arising under
the Texas Workers' Compensation Act (Act) in a workers' compensation
claim regarding compensability or eligibility for, or the amount of,
income or death benefits.
(2) Benefit proceeding--A proceeding pursuant to the
Act, Chapter 410, conducted by a presiding officer to resolve one
or more benefit disputes. Benefit proceedings include benefit review
conferences, benefit contested case hearings, appeals, and, after
January 1, 1992, arbitration.
(3) Party to a proceeding--A person entitled to take
part in a proceeding because of a direct legal interest in the outcome.
(4) Presiding officer--The division employee, or independent
arbitrator, assigned to conduct a proceeding. Presiding officers include
benefit review officers, administrative law judges, appeals panel
judges, and arbitrators.
(5) Special accommodations--Individuals and equipment
necessary to allow an individual who does not speak English or who
has a physical, mental, or developmental handicap to participate in
a proceeding. The term includes spoken language translators and sign
(6) Stipulation--A voluntary accord between parties
to a benefit contested case hearing regarding any matter relating
to the hearing that does not constitute an agreement, as defined by
the Act, §401.011(3), or a settlement, as defined by the Act, §401.011(40).
|Source Note: The provisions of this §140.1 adopted to be effective May 24, 1991, 16 TexReg 2607; amended to be effective June 9, 2005, 30 TexReg 3236; amended to be effective January 7, 2019, 44 TexReg 104