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If the parties can’t agree about a claim, they can ask for a BRC. This is an informal meeting. You, along with your attorney or ombudsman, will meet with someone from the insurance carrier and a DWC benefit review officer to talk about the dispute. The employer is not required to attend unless it filed the dispute.
The benefit review officer will help the parties to:
- list the disputes;
- discuss information and facts about the claim;
- get more information if needed; and
- work to reach an agreement.
If the parties don’t reach an agreement, they may go to a more formal meeting called a contested case hearing.
Learn more about BRCs in Chapter 410 of the Texas Labor Code and in Chapter 141 of 28 Texas Administrative Code.
Need help?
- Call DWC Customer Service at 800-252-7031, Monday through Friday, 8 a.m. to 5 p.m., Central time;
- The Office of Injured Employee Counsel (OIEC) is a state agency that offers injured employees free help with workers’ compensation claims. If you do not have an attorney and want help from an ombudsman, contact OIEC at 866-393-6432, ext. 44186;
- If you want an attorney and need help finding one, contact the State Bar of Texas at 800-252-9690.
What kinds of disputes are considered?
There may be more than one dispute to talk about at the BRC. The most common disputes are about:
- course and scope of employment
- exceptions to liability
- income benefits
- average weekly wage
- death and burial benefits
- medical fee dispute decision
How to ask for a BRC:
Use DWC Form-045, Request to Schedule, Reschedule, or Cancel a Benefit Review Conference (BRC):
- Follow the directions on the form.
- Your request must include details (such as letters or emails between the parties) showing how the parties tried to resolve the dispute.
- Send a copy of your request to DWC by:
-
- Mail:
Texas Department of Insurance, Division of Workers’ Compensation
Hearings, Mail Code HRG
PO Box 12050
Austin, TX 78711-2050; or - Fax: 512-804-4011
- Mail:
- Send a copy of your request to the other parties.
To prepare for your BRC:
Gather your information about the dispute (pertinent information) and exchange copies with the other parties. Have your information ready so you can talk about it at the BRC.
You have deadlines for exchanging information:
- Before requesting a BRC, send the other parties a copy of all your pertinent information about the dispute.
- If you get a BRC request, you have 10 days to send a copy of all your pertinent information to the other parties.
- At least 14 days before the BRC, send DWC a copy of all your pertinent information. At this same time, send the other parties copies of any pertinent information you have not already sent.
- As you get new information, send a copy to DWC and the other parties.
- At least three days before the BRC, please send DWC and the other parties a copy of any pertinent information you have not sent. This will give everyone time to get the information.