1. (a) A request for a benefit review conference may be made by a claimant, a subclaimant, a carrier, or an employer who has contested compensability.

2. (b) Except as provided in subsection (c) of this section, a request for a benefit review conference shall:

   1. (1) be made on Form TWCC 45, Request for Setting a Benefit Review Conference;
   2. (2) identify and describe the disputed issue or issues; and
   3. (3) be sent to the commission.
3. (c) An unrepresented claimant may request a benefit review conference by contacting the commission in any manner. The commission shall acknowledge to the claimant in writing receipt of the request.

4. (d) The commission shall set a conference to be held:

   1. (1) within 40 days of the date the request is received; or
   2. (2) if the commission determines that an expedited setting is needed, as provided by §140.3 of this title (relating to Expedited Proceedings), within 20 days of the date the request is received.

5. (e) After setting the conference, the commission shall provide, by first class mail or personal delivery, written notice of the date, time, and location to the parties and to the employer. The notice shall be provided:

   1. (1) at least 30 days before a conference set under subsection (d)(1) of this section; or
   2. (2) at least 10 days before a conference set under subsection (d)(2) of this section.
6. (f) The conference will be conducted at a site no more than 75 miles from the claimant's residence at the time of injury, unless the commission determines that good cause exists for selecting another site.

Source Note:The provisions of this §141.1 adopted to be effective June 7, 1991, 16 TexReg 2876.