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TITLE 28INSURANCE
PART 2TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION
CHAPTER 61PREHEARING CONFERENCES
RULE §61.15Setting under Texas Civil Statutes, Article 8306, §18a

(a) If the carrier, having received written notice of a compensable lost time injury as provided in Texas Civil Statutes, Article 8306, §18a, is not timely paying compensation, or ceases the payment of such benefits, the board shall set the claim for a prehearing conference on the first available docket.

(b) If a Texas Civil Statutes, Article 8306, §18a penalty (18a penalty) appears due, initiation or reinstatement of compensation shall not be grounds for cancellation of a prehearing conference set under this section. However, the board may waive the claimant's appearance at the prehearing conference upon request.

(c) In the event a dispute arises over the suspension of medical benefits as defined in these board rules, a health care provider may file with the board a written request to attend a prehearing conference, as a party and participant therein, and in such event the health care provider shall attend the prehearing conference, either in person or by a representative. In the request, the health care provider shall certify the charges have been itemized and that timely reports have been made in accordance with Texas Civil Statutes, Article 8306, §7, and these board rules.


Source Note: The provisions of this §61.15 adopted to be effective November 11, 1983, 8 TexReg 4497; amended to be effective December 13, 1989, 14 TexReg 6280.

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