28 Tex. Admin. Code § 61.65 - Request for Cancellation of Prehearing Conference

(a) The board may cancel a prehearing conference:

(1) at the request of the party who initially requested the prehearing conference;

(2) at the request of any party required to attend the prehearing conference, with the agreement of the party who initially requested the prehearing conference; or

(3) on the board's own motion.

(b) Cancellation shall be requested by notifying the resident reviewer or the prehearing office in writing within 10 days from the date notice of the setting is received. The date notice of the setting is received is deemed to be the third day after the date of the notice. Cancellation requests during this 10-day period are unrestricted unless a pattern of abuse is detected.

(c) Cancellation requests after the unrestricted cancellation period defined in subsection (b) of this section will be considered only for good cause. As used in this subsection, good cause for cancellation means the following:

(1) compensation has been initiated or reinstated, unless a §18a penalty may be due, as provided in § 61.15 of this title (relating to Setting under Texas Civil Statutes, Article 8306, §18a);

(2) liability previously in dispute is accepted by the carrier, unless a §18a penalty may be due, as provided in § 61.15 of this title (relating to Setting under Texas Civil Statutes, Article 8306, §18a);

(3) medical previously in dispute is provided, unless a §18a penalty may be due, as provided in § 61.15 of this title (relating to Setting under Texas Civil Statutes, Article 8306, §18a);

(4) an adequate advance is tendered and accepted;

(5) the claim is set against the wrong carrier;

(6) the injured worker dies and no additional benefits appear due;

(7) the injured worker no longer desires to pursue the claim; or

(8) an A-2 lump sum payment or compromise settlement agreement is tendered and accepted by the parties.

(d) Failure to comply with the cancellation provisions of this section may result in sanctions as provided by § 61.75 of this title (relating to Failure To Appear).

Notes

28 Tex. Admin. Code § 61.65

The provisions of this §61.65 adopted to be effective December 13, 1989, 14 TexReg 6279.