Texas Workers' Compensation

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§ 147.5. Filing Settlements with the Commission; Effective Dates

(a) A settlement reached before a benefit proceeding has been scheduled shall be sent to the commission field office handling the claim.

(b) A settlement reached after a benefit proceeding has been scheduled, whether before, during, or after the proceeding has been held, shall be sent or presented to the presiding officer.

(c) The commission employee receiving a settlement will sign it, mark it with the date received, and forward it to the director of the division of hearings.

(d) A properly completed and executed settlement shall be deemed received by the director of the division of hearings on the second day after it is filed with any commission field office, as provided by subsection (a) of this section, or any presiding officer, as provided by subsection (b) of this section.

(e) The director of the division of hearings shall approve a settlement determined to be in compliance with the requirements established in the Texas Workers’ Compensation Act, § 4.33(e).

(f) The director may, within 15 days of the date the settlement was received:

(1) approve it by signing it, and marking it with the date signed; or

(2) reject it by marking it “Rejected,” signing it, and marking it with the date signed.

(g) The director shall promptly furnish copies of the approved or rejected settlement to all parties by first class mail or personal delivery. A rejected settlement shall be accompanied by a written statement of the reasons for rejection.

(h) Unless previously expressly rejected by the director of the division of hearings, a settlement is effective and binding on the earlier of:

(1) at the close of business day of the date approved by the director of the division of hearings; or

(2) the 16th day after the date filed with the director of the division of hearings.

The provisions of this § 147.5 adopted to be effective April 25, 1991, 16 TexReg 2097.

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At a Glance:

Title:

§ 147.5. Filing Settlements with the Commission; Effective Dates

Title:

Title 28. Insurance

Status:

Current

Usage:

New Law Rule

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