1. (a) Statement of disputes. The statement of disputes is a written description of the benefit dispute or disputes to be considered by the arbitrator. A dispute not expressly included in the statement of disputes will not be considered by the arbitrator.

2. (b) Statement of disputes after a benefit review conference. The statement of disputes for an arbitration proceeding conducted after a benefit review conference includes:

   1. (1) the benefit review officer's report, identifying the disputes remaining unresolved at the close of the benefit review conference;
   2. (2) the parties' responses to the benefit review officer's report, if any; and
   3. (3) additional disputes by unanimous consent, as provided by subsection (c) of this section.

3. (c) Additional disputes by unanimous consent. Parties may, by unanimous consent, submit for inclusion in the statement of disputes one or more disputes not identified as unresolved in the benefit review officer's report. Additional disputes submitted by consent shall:

   1. (1) be made in writing;
   2. (2) identify the dispute and explain each party's position on it;
   3. (3) be signed by all parties;
   4. (4) be sent to the commission no later than 10 days before the arbitration proceeding; and
   5. (5) explain why the issue was not raised earlier.

Source Note:The provisions of this §144.5 adopted to be effective December 31, 1991, 16 TexReg 7358.