1. (a) If all disputed issues are resolved at the benefit review conference by agreement, the benefit review officer shall make the agreement part of the claim file, and return the file for ordinary handling.
2. (b) If all disputed issues are resolved at the benefit review conference by settlement, the benefit review officer shall submit the signed settlement to the director of the hearings division, for handling as provided by Chapter 147 of this title (relating to Dispute Resolution--Agreements, Settlements, Commutation). If the director rejects the settlement, the parties shall be sent notice of the time, place, and location of a benefit contested case hearing.
3. (c) If all disputed issues are not resolved at the benefit review conference, no later than the fifth day after the close of the benefit review conference, the benefit review officer shall submit a written report, as provided by the Texas Workers' Compensation Act, §6.15(d), including any signed agreement, and a copy of any interlocutory order entered, to the director of the hearings division.

4. (d) No later than the eighth day after receiving the benefit review officer's report, the director of the hearings division shall furnish, by first class mail or personal delivery, to the claimant; claimant's representative, if any; the insurance carrier; and the employer the following:

   1. (1) a file-stamped copy of the report; and
   2. (2) notice of the date, time, estimated duration, and location of the contested case hearing.

5. (e) After January 1, 1992, the director shall additionally furnish the following:

   1. (1) a statement of the parties' right to elect, by mutual agreement, dispute resolution by binding arbitration in lieu of a benefit contested case hearing;
   2. (2) a detailed explanation of the differences between dispute resolution by benefit contested case hearing and binding arbitration; and
   3. (3) a commission-prescribed form to elect, by mutual agreement, dispute resolution by binding arbitration.

Source Note:The provisions of this §141.7 adopted to be effective June 7, 1991, 16 TexReg 2876.