28 Tex. Admin. Code § 102.5 - General Rules for Written Communications to and from the Division
(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
transmission.
(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.
Notes
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