1. (a) The division 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 or rescheduling under subsection (a) of this section shall be made by notifying the division 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 or rescheduling requests made during this 10-day period are unrestricted unless a pattern of abuse is detected.

3. (c) Cancellation or rescheduling requests made after the unrestricted cancellation period defined in subsection (b) of this section shall be in writing unless waived by the division and sent to the division and opposing party or parties. The request shall 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, Commutations);
   2. (2) the conference was scheduled with the wrong insurance carrier;
   3. (3) the party requesting the BRC no longer desires to pursue the issue;
   4. (4) the injured employee has died and no additional benefits appear due; or
   5. (5) illness of a party.
4. (d) The division will notify the parties of a cancellation or rescheduling of a benefit review conference in a timely manner.
5. (e) Effective date. The effective date of this section is October 1, 2010.

Source Note:The provisions of this §141.2 adopted to be effective June 7, 1991, 16 TexReg 2876; amended to be effective October 1, 2010, 35 TexReg 7430.