(a) Except as provided by subsections (d) and (e) of this section, at any time before or during the arbitration proceeding, parties may:
- (1) enter into stipulations, defined as a voluntary accord between parties to an arbitration regarding any matter relating to the arbitration that does not constitute an agreement or a settlement, as defined by Labor Code §401.011;
- (2) resolve one or more benefit disputes by agreement; or
- (3) resolve all benefit disputes by settlement.
(b) Stipulations shall be made as follows:
- (1) in writing; and
- (2) signed by all parties to the stipulation, or their representatives.
- (c) Agreements and settlements shall be made as provided by Chapter 147 of this title (relating to Dispute Resolution--Agreements, Settlements, Commutations).
(d) Parties to a medical fee dispute may not enter into a:
- (1) settlement; or
- (2) a stipulation or agreement on a dispute regarding compensability, extent of injury, liability, or medical necessity for the same service for which there is a medical fee dispute.
- (e) Parties to a medical fee dispute may not resolve the dispute by negotiating fees that are inconsistent with any applicable fee guidelines adopted by the commissioner of workers' compensation.
Source Note:The provisions of this §144.10 adopted to be effective December 31, 1991, 16 TexReg 7358; amended to be effective May 31, 2012, 37 TexReg 3856.