- (a) The claimant or the carrier may request a benefit review conference to contest a determination of entitlement to or amount of supplemental income benefits. The request must be made as provided by §141.1 of this title (relating to Requesting and Setting a Benefit Review Conference).
- (b) A carrier waives the right to contest the commission's initial determination of entitlement or amount for the first compensable quarter if the carrier fails to request a benefit review conference within 10 days after the expiration of the impairment income benefit period, or within 10 days after receipt of the commission's initial determination, whichever is later.
- (c) A carrier waives the right to contest continuing entitlement to amount of supplemental income benefits for that compensable quarter if the carrier fails to request a benefit review conference within 10 days after receipt of the employee's Statement of Employment Status.
(d) A carrier who unsuccessfully contests a commission determination of entitlement or amount is liable for:
- (1) all accrued, unpaid supplemental income benefits, and interest on that amount; and
- (2) reasonable and necessary attorney's fees incurred by the employee as a result of the carrier's dispute.
Source Note:The provisions of this §130.108 adopted to be effective April 17, 1992, 17 TexReg 2400.