1. (a) The commission may cancel or reschedule a benefit review conference:

   1. (1) on its own motion;
   2. (2) at the request of the party who requested the conference; or
   3. (3) at the mutual request of the parties.
2. (b) A request for cancellation shall be made by notifying the docket clerk of the field office managing the claim within 10 days of the date the notice of setting is received. The date the notice of setting is received is deemed to be the fifth day after the date of the notice. Cancellation requests made during this 10-day period are unrestricted unless a pattern of abuse is detected.

3. (c) Cancellation requests made after the unrestricted cancellation period defined in subsection (b) of this section will be granted only on a showing of good cause. Good cause may include, but is not limited to, the following:

   1. (1) the parties independently resolved the disputed issue or issues by agreement or settlement, as provided by Chapter 147 of this title (relating to Dispute Resolution--Agreements, Settlements, Commutation);
   2. (2) the conference was scheduled with the wrong carrier;
   3. (3) the employee no longer desires to pursue the claim;
   4. (4) the employee dies and no additional benefits appear due; or
   5. (5) illness of a party.
4. (d) The commission will notify the parties of a cancellation in a timely manner.

Source Note:The provisions of this §141.2 adopted to be effective June 7, 1991, 16 TexReg 2876.