1. (a) Usual sequence. Except as provided in this section, parties to a benefit dispute are required to attempt to resolve the dispute by mediation at a benefit review conference before proceeding to a contested case hearing or, after January 1, 1992, to arbitration by mutual election.

2. (b) Guidelines for proceeding directly to a benefit contested case hearing. Parties may proceed directly to a contested case hearing without attending a benefit review conference if the commission determines that:

   1. (1) mediation would not prove effective to resolve the dispute;
   2. (2) necessary evidence cannot be obtained without subpoena; or
   3. (3) the situation of the parties or the nature of the facts or law of the case is such that the overall policy of the Texas Workers' Compensation Act would be advanced by proceeding directly to a contested case hearing.

3. (c) Requesting a hearing. A party may request the commission to set a benefit contested case hearing. The request shall be made in the following manner.

   1. (1) If the party is represented, the request shall:

      1. (A) be made in writing and signed by the requester;
      2. (B) identify and describe the disputed issue or issues;
      3. (C) state the reason for requesting the hearing;
      4. (D) be sent to the commission; and
      5. (E) be delivered to all other parties, as provided by §142.4 of this title (relating to Delivery of Copies to All Parties).
   2. (2) An unrepresented claimant may request a hearing by contacting the commission in any manner.
4. (d) Commission action on a request for hearing. The commission will rule on the request, and notify the parties. A ruling granting the request will include a notice of hearing, as provided in §142.6 of this title (relating to Setting a Benefit Contested Case Hearing). A ruling denying the request may include a notice of benefit review conference.

5. (e) Response. If a hearing is set upon request, the other party or parties may submit a response. The response shall:

   1. (1) be made in writing and signed;
   2. (2) describe and explain the party's position on the dispute or disputes;
   3. (3) be sent to the commission no later than five days before the hearing; and
   4. (4) be delivered to all other parties, as provided by §142.4 of this title (relating to Delivery of Copies to All Parties).
6. (f) An unrepresented claimant may respond by contacting the commission in any manner.

Source Note:The provisions of this §142.5 adopted to be effective February 12, 1991, 16 TexReg 463.