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Texas Department of Insurance
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What information do I need to share?

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Information must be shared with the other parties before a benefit review conference (BRC) or a hearing. This is called exchanging information.

  • For BRCs, exchange only pertinent information. Pertinent information is information related to the dispute as defined by 28 Texas Administrative Code §141.4. The exchange of this information will help the parties understand and resolve the dispute. 
  • For hearings, you must exchange documentary evidence. This is the evidence defined in 28 TAC §142.13(c) and includes the information you want the administrative law judge to consider.

Need help?

  • Call DWC Customer Service at 1-800-252-7031, 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.

Pertinent information for a BRC:

Information that is pertinent depends on your dispute. Examples may include:

  • DWC forms
  • witness statements, police reports, and records in any format (such as paper or electronic documents, audio files, or video files) that explain or show:
    • how, when, and where the injury happened
    • why the injury happened
    • when the injury was reported
  • employer records such as reports of injury or wage information
  • medical records about your claim such as:
    • emergency room reports
    • reports to explain how work activities caused the claimed injury, condition, or illness
    • reports from any medical professional who treated you or gave an opinion about your injury
    • reports from designated doctors, required medical exams, and peer reviews

Deadlines for exchanging information for a BRC:

  • Before asking for 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 soon as you get new information, send a copy to DWC and the other parties.

Learn more in 28 TAC §141.4.

Documentary evidence for a hearing:

For hearings, you must exchange:

  • all reports from any expert witness that you want to testify
  • all medical records
  • any witness statements
  • the name and contact information of anyone who has information about the dispute
  • any other information you want to use as evidence, such as photographs, employer records, DWC forms, recordings, or police reports

Deadlines for exchanging information for a hearing:

  • Send your documentary evidence to the other parties no later than 15 days after the BRC.
  • If your hearing was scheduled without a BRC, your exchange deadline will be in the letter you get about the hearing.
  • As soon as you get new information, send a copy to the other parties.
  • Bring to the hearing all the information (your exhibits) you want the administrative law judge (ALJ) to consider.
  • If you did not exchange evidence within 15 days after the BRC, the ALJ will decide if there is a good reason (good cause) to accept the evidence.

Learn more in 28 TAC §142.13.

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Last updated: 8/11/2023