| (a) Applicability. This subsection applies to a benefit review conference that is requested before December 1, 2011. (1) When a party fails to attend a benefit review conference without good cause, as determined by the benefit review officer, the benefit review officer: (A) shall hold the conference as scheduled; and (B) may recommend the issuance of an administrative violation. (2) A representative who fails to attend a benefit review conference without good cause commits an administrative violation. (b) Applicability. This subsection applies to a benefit review conference that is requested on or after December 1, 2011. (1) In this subsection, "good cause" will be determined at the discretion of the benefit review officer on a case-by-case basis and means objective facts beyond the control of a party, which reasonably: (A) prevented the party from attending the benefit review conference; (B) prevented the party from requesting the division to cancel or reschedule in advance of the benefit review conference; and (C) if applicable, prevented the party from filing a request to reschedule within the third business day after failing to attend the scheduled benefit review conference and justifies the subsequent delay in filing the request to reschedule. (2) When a party fails to attend a benefit review conference without good cause, as determined by the benefit review officer, the benefit review officer shall hold the conference as scheduled. (3) A party who fails to attend a scheduled benefit review conference may request to reschedule the benefit review conference under the provisions of this subsection. The request to reschedule must: (A) be filed with the division as soon as practicable, but no later than the close of the third business day after the scheduled benefit review conference, unless good cause exists for further delay; (B) be in writing and in the form prescribed by the division; (C) establish good cause in accordance with paragraph (1) of this subsection; and (D) be sent to opposing party or parties. (4) Except as provided by paragraph (5) of this subsection, if a party fails to attend a benefit review conference without good cause, the party forfeits the party's entitlement to attend a benefit review conference on the issue in dispute. If a party forfeits this entitlement, the division will not reschedule the benefit review conference on the issue in dispute. (5) A party will not be considered to have forfeited the party's entitlement to attend a benefit review conference on the issue in dispute under paragraph (4) of this subsection if a benefit review officer is authorized to schedule an additional benefit review conference under Labor Code §410.026(b). (6) A party who forfeits the party's entitlement to attend a benefit review conference on the issue in dispute does not forfeit the party's right, as provided by the Workers' Compensation Act and division rules, to a contested case hearing on the issue in dispute. (7) Notwithstanding paragraph (3) of this subsection, the division may refuse to reschedule a benefit review conference under this section and may direct the parties to proceed to a contested case hearing, if authorized under §142.5(b) of this title (relating to Sequence of Proceedings to Resolve Benefit Disputes). (8) A party who fails to attend a benefit review conference without good cause commits an administrative violation. (9) If the benefit review officer denies a request to reschedule a benefit review conference under this section, the benefit review officer will notify the parties in writing and state the reasons for the denial. |
| Source Note: The provisions of this §141.3 adopted to be effective June 7, 1991, 16 TexReg 2876; amended to be effective May 10, 2000, 25 TexReg 3988; amended to be effective November 20, 2011, 36 TexReg 7867 |
