Texas Administrative Code › Title 28 - INSURANCE › Part 2 - TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION › Chapter 102 - PRACTICES AND PROCEDURES-GENERAL PROVISIONS › Section 102.5 - General Rules for Written Communications to and from the Division

Current through Reg. 49, No. 28; July 12, 2024
(a) After the division is notified in writing
				that a claimant is represented by an attorney or other representative, all
				copies of written communications to the claimant will be sent to the
				representative as well as the claimant. Copies of settlements, notices setting
				benefit review conferences and hearings, and orders of the division will always
				be sent to the claimant regardless of representation status. All written
				communications to the claimant or claimant's representative will be sent to the
				most recent address or fax number supplied on either the employer's first
				report of injury, any verbal or written communication from the claimant, or any
				claim form filed by the insurance carrier through written notice or electronic
				transmission.
(b) All written
				communications to people other than insurance carriers and claimants will be
				sent to the most recent address or fax number reported to the division by the
				intended recipient or, in the absence of an address or fax number supplied by
				the intended recipient, to an address or fax number identified by the
				division.
(c) Unless otherwise
				specified by rule, written communications required to be filed with the
				division may be sent to the division headquarters or any division field
				office.
(d) For purposes of
				determining the date of receipt for written communications sent by the
				division, which require the recipient to perform an action by a specific date
				after receipt unless the great weight of evidence indicates otherwise, the
				division will deem the received date to be the earliest of: five days after the
				date mailed through United States Postal Service regular mail, the first
				working day after the date the written communication was placed in an insurance
				carrier's Austin representative's electronic box, or the date faxed or
				electronically transmitted as defined in subsection (h) of this
				section.
(e) EDI and other required
				notices must be filed or submitted in the format, form, and manner prescribed
				by the division under §
									124.2
				of this title (concerning Insurance Carrier Notification Requirements), and
				Chapter 134, Subchapter I of this title (concerning Medical Bill Reporting).
(f) Unless the great weight of
				evidence indicates otherwise, written communications received by the division
				will be deemed to have been sent on:
(1) the
				date received if sent by fax, personal delivery, or electronic transmission;
				or
(2) the date postmarked if sent
				by United States Postal Service regular mail, or, if the postmark date is
				unavailable, the later of the signature date on the written communication or
				the date it was received minus five days. If the date received minus five days
				is a Sunday or legal holiday, the date deemed sent will be the next previous
				day that is not a Sunday or legal holiday.