A BRC is the first step in the dispute resolution process of a Texas Workers' Compensation claim. These tips will help you avoid having your request denied.
1
Identify The Issues In Dispute
Determine what the argument is about. In many cases, the issue will be whether or not you sustained a compensable injury, extent of injury, disability, or impairment rating.
2
Complete Form DWC-45 Request For A Benefit Review Conference
This form can be downloaded from the Division of Workers' Compensation website at the web link provided below. Check the box for an "other" issue and write in the type of issue you need to have addressed by the Division. You will need to discuss the issue with the adjuster. The BRC request form asks for an explanation of attempts to resolve the issue in dispute. You should indicate that you discussed the matter with the adjuster on a particular date and the issue cannot be resolved without the Division's assistance. Make sure you sign and date the form.
3
Evidence
It is important to attach evidence to the Form DWC-45 that supports your side of the issue in dispute. For instance, if the issue is extent of injury to the cervical spine, you should attach all of your medical records that discuss the diagnosis and treatment of your neck injury.
4
File The Request For BRC
I recommend that you hand deliver your DWC-45 with the attachments to your local Division Field Office. The records attached to your request should not be originals. When you file the request, two copies should be presented to the Field Office receptionist. One copy will be for the Division to keep and process. The second copy will be for the Division to stamp "received" and return to you. This is your evidence that you filed these documents. A copy of the BRC request must be mailed to the adjuster as well.
5
Receive Notice Of Your BRC
The Division will process your request for BRC. Division personnel may contact you or the adjuster to see if there is any way to resolve the disupte informally. Within four to six weeks, you will receive a notice of the date and time of your BRC.
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