Texas Workers' Compensation

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§ 140.1. Definitions

The following words and terms, when used in this part, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Benefit dispute–A disputed issue arising under the Texas Workers’ Compensation Act (Act) in a workers’ compensation claim regarding compensability or eligibility for, or the amount of, income or death benefits.

(2) Benefit proceeding–A proceeding pursuant to the Act, Chapter 410, conducted by a presiding officer to resolve one or more benefit disputes. Benefit proceedings include benefit review conferences, benefit contested case hearings, appeals, and, after January 1, 1992, arbitration.

(3) Party to a proceeding–A person entitled to take part in a proceeding because of a direct legal interest in the outcome.

(4) Presiding officer–The division employee, or independent arbitrator, assigned to conduct a proceeding. Presiding officers include benefit review officers, administrative law judges, appeals panel judges, and arbitrators.

(5) Special accommodations–Individuals and equipment necessary to allow an individual who does not speak English or who has a physical, mental, or developmental handicap to participate in a proceeding. The term includes spoken language translators and sign language translators.

(6) Stipulation–A voluntary accord between parties to a benefit contested case hearing regarding any matter relating to the hearing that does not constitute an agreement, as defined by the Act, §401.011(3), or a settlement, as defined by the Act, §401.011(40).

The provisions of this §140.1 adopted to be effective May 24, 1991, 16 TexReg 2607; amended to be effective June 9, 2005, 30 TexReg 3236; amended to be effective January 7, 2019, 44 TexReg 104.

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At a Glance:

Title:

§ 140.1. Definitions

Title:

Title 28. Insurance

Status:

Current

Usage:

New Law Rule

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