(a) An insurance carrier may request a benefit review conference to contest an employee's
entitlement to supplemental income benefits or the amount of supplemental income benefits.
(b) If an insurance carrier fails to make a request for a benefit review conference
within 10 days after the date of the expiration of the impairment income benefit period
or within 10 days after receipt of the employee's statement, the insurance carrier
waives the right to contest entitlement to supplemental income benefits and the amount
of supplemental income benefits for that period of supplemental income benefits.
(c) If an insurance carrier disputes the commissioner's determination that an employee
is entitled to supplemental income benefits or the amount of supplemental income benefits
due and the employee prevails on any disputed issue, the insurance carrier is liable
for reasonable and necessary attorney's fees incurred by the employee as a result
of the insurance carrier's dispute and for supplemental income benefits accrued but
not paid and interest on that amount, according to Section 408.064. Attorney's fees awarded under this subsection are not subject to Sections 408.221(b), (f), and (i).
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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