If you go to a benefit review conference (BRC), you will talk about disputed issues. If you do not reach an agreement on all issues at the BRC, a contested case hearing will be scheduled. However, there is another option. You and the other parties may agree to resolve your dispute and all future benefit disputes through arbitration. However, both parties must agree to arbitration.
| Contested case hearing | Arbitration |
|---|---|
| Hearing set by DWC after no agreement at BRC | Parties must agree to participate in arbitration and timely request arbitration |
| Judge hears case and makes decision | Arbitrator hears case and makes decision (award) |
| Right of appeal to DWC’s Appeals Panel | No right of appeal to DWC’s Appeals Panel |
| Appeals Panel’s decision can be appealed to court | Arbitrator’s decision can be appealed to court in limited cases |
| Future disputes go to BRC and then a hearing | Future disputes go to BRC and then arbitration |
What is arbitration?
Arbitration is a process where all parties agree that an arbitrator will consider their evidence and make a final decision about this dispute and all future benefit disputes. The right to appeal is limited.
What will happen at arbitration?
At arbitration, the arbitrator will listen as the parties offer evidence about the issues. Witnesses will answer questions under oath, and each party will explain its side of the case. After the arbitration, the arbitrator will review the evidence and make a decision (enter an award) on each issue.
How do I choose arbitration?
All parties must agree to arbitration and complete and sign DWC Form-044, Election to Engage in Arbitration. There is a deadline. The completed form must be filed with DWC by the 20th day after the BRC.
To file the parties’ request for arbitration, mail or fax DWC Form-044 to:
Can we change our minds after choosing arbitration?
No. Once arbitration is chosen, all disputed issues for your claim must go through arbitration.
Learn more about arbitration in Texas Labor Code Chapter 410, Subchapter C and 28 Texas Administrative Code Chapter 144, Subchapter A.
Need help?
- If you want an attorney and need help finding one, visit the State Bar of Texas website or call 800-204-2222.
- If you do not have an attorney and want help from an ombudsman, visit the Office of Injured Employee Counsel (OIEC) website or call 866-393-6432.
Questions?
Call DWC Customer Service at 800-252-7031, Monday through Friday, 8 a.m. to 5 p.m., Central time.