| (a) Following a benefit review conference where disputed
benefit issue(s) remain unresolved, the parties may mutually agree
to engage in arbitration on those issues.
(b) Parties agreeing to engage in arbitration must
complete and sign a form prescribed by the division and file it with
the division's chief clerk of proceedings not later than the 20th
day after the last day of the benefit review conference.
(c) A party may submit a response to the disputes identified
as unresolved in the benefit review officer's report. The response
shall:
(1) be in writing;
(2) describe and explain the party's position on the
unresolved dispute or disputes;
(3) be sent to the division's chief clerk of proceedings
no later than 20 days after receiving the benefit review officer's
report; and
(4) be delivered to all other parties, as provided
by §144.3 of this title (relating to Delivery of Copies of Documents).
(d) Except as provided by §144.10 of this title
(relating to Stipulations, Agreements, and Settlements), the decision
to proceed with arbitration in place of a division contested case
hearing, once filed with the division's chief clerk of proceedings,
is binding and irrevocable for the resolution of all disputes arising
out of the claims that are under the jurisdiction of the division.
For medical fee disputes arising from Labor Code §413.0312, except
as provided by §144.10 of this title, the decision to proceed
with arbitration in place of a contested case hearing at the State
Office of Administrative Hearings is binding and irrevocable for the
resolution of that dispute.
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