About benefit review conferences (BRCs)

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If the parties can’t agree about a part of 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.
• 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 Texas Labor Code Chapter 410 and 28 Texas Administrative Code Chapter 141.

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 decisions.

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:

• • Electronic filing: A secure way to electronically upload your documents using secure file transfer protocol (SFTP) and TXCOMP.
  • Fax: 512-804-4011
  • Mail:
    Texas Department of Insurance, Division of Workers’ Compensation
    Hearings, Mail Code HRG
    PO Box 12050
    Austin, TX 78711-2050
• 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.

Learn more about:

• Asking for a BRC.
• Practices and procedures for BRCs.
• How to send information.
• How to attend a BRC..
• Injured employee forms.