1. (a) Definitions. As used in this section, "participant" means an individual entitled or permitted to attend and take part in a benefit review conference. Participants include:

   1. (1) the parties;
   2. (2) the parties' representatives;
   3. (3) the employer exercising the right to present evidence relevant to the disputed issue or issues; and
   4. (4) any other individual, at the discretion of the benefit review officer.
2. (b) Overview of the benefit review conference. The benefit review conference consists of three parts: opening, mediation, and closing.

3. (c) Opening. The benefit review officer shall:

   1. (1) identify the case and introduce the parties and other participants;
   2. (2) thoroughly inform the parties and participants of their rights and responsibilities under the Texas Workers' Compensation Act;
   3. (3) explain the purpose of the conference, and the procedures and time frame to be observed;
   4. (4) identify and describe the disputed issues to be mediated; and
   5. (5) elicit each party's statement of position regarding each disputed issue.

4. (d) Mediation. The benefit review officer shall:

   1. (1) ask and answer questions of the parties and other participants;
   2. (2) encourage the parties to discuss the disputed issues, and ask and answer questions;
   3. (3) permit the employer to present evidence relevant to the disputed issues;
   4. (4) permit other participants to discuss the disputed issues, and ask and answer questions, to the extent the benefit review officer deems appropriate;
   5. (5) if necessary, caucus individually with each party;
   6. (6) assist the parties to agree on specific options for resolution; and
   7. (7) assist the parties to resolve disputed issues by agreement or settlement.

5. (e) Closing. The benefit review officer shall:

   1. (1) assist the parties to reduce agreements or settlements to writing; and
   2. (2) identify any issues left unresolved.
6. (f) Interlocutory orders. Pursuant to §141.6 of this title (relating to Interlocutory Orders), the benefit review office may enter interlocutory orders.

Source Note:The provisions of this §141.5 adopted to be effective June 7, 1991, 16 TexReg 2876.