What Is a Benefit Review Conference and How Does It Work?
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What Is a Benefit Review Conference and How Does It Work?
When a Texas workers’ compensation claim runs into a dispute, the first formal step toward resolving the issue is a Benefit Review Conference (BRC). Many injured workers feel anxious when they receive a BRC notice, but understanding the process can make the experience far less stressful — and far more effective.
A BRC is not a trial. Instead, it is a structured, problem‑solving meeting designed to identify the dispute, exchange information, and attempt to reach an agreement. Because the outcome can dramatically affect your income, medical care, and long‑term benefits, it is essential to know how the process works and how to prepare.
What Is a Benefit Review Conference?
A Benefit Review Conference is a formal dispute‑resolution meeting held by the Texas Department of Insurance, Division of Workers’ Compensation (DWC). It brings together:
- The injured worker
- The insurance carrier
- A DWC Benefit Review Officer (BRO)
- Attorneys or representatives for either side
The BRO leads the meeting, explains the issues, and encourages both sides to resolve the dispute. Although the BRO does not make final rulings, their guidance often shapes the direction of the case.
Why a BRC Happens
A BRC is scheduled when the worker and the insurance carrier cannot agree on a key issue. Common disputes include:
- Whether the injury is work‑related
- Whether you are an employee or a subcontractor
- Whether disability exists
- Whether Temporary Income Benefits should be paid
- Calculation of post-injury earnings
- Whether a Bona Fide Offer of Employment was valid
- Whether the injury extends to additional body parts (extent of injury)
- Whether the worker reached Maximum Medical Improvement
- Whether the impairment rating is correct
- Entitlement to certain medical treatment
Because these issues affect your income and medical care, the BRC often becomes a turning point in the claim.
FAQs: What Is a Benefit Review Conference and How Does It Work?
A BRC is a formal dispute‑resolution meeting where the worker, the insurance carrier, and a Benefit Review Officer attempt to resolve disagreements in a workers’ comp claim.
A BRC is scheduled when the worker and the insurance carrier cannot agree on issues such as disability, medical treatment, MMI, impairment rating, or compensability.
Although not required, having an attorney greatly improves your chances of success because the carrier arrives with experienced representatives.
If no agreement is reached, the case moves to a Contested Case Hearing, which is a more formal, trial‑like proceeding.
Yes. Agreements reached at a BRC can affect your income benefits, medical care, and the direction of your claim.
Injured at work in Texas and your employer doesn’t have workers’ comp?
You may have the right to sue and recover full compensation.
Contact MLF Legal today for a free consultation. You pay nothing unless we win your case.
How a Benefit Review Conference Works
Although every case is unique, the BRC process follows a predictable structure.
1. The BRO explains the purpose of the meeting
The Benefit Review Officer begins by identifying the disputed issues and confirming what each side believes the disagreement is about.
2. Each side presents its position
The worker and the insurance carrier explain their viewpoints. This may include:
- Medical records
- Work status reports
- Wage information
- Job offers
- Witness statements
- Prior decisions
The BRO may ask questions to clarify the facts.
3. The BRO encourages negotiation
The BRO’s primary goal is to help both sides reach an agreement. They may:
- Point out weaknesses in a party’s position
- Suggest possible compromises
- Clarify how the law applies
- Identify what evidence is missing
Although the BRO cannot force a settlement, their guidance often influences the outcome of the benefit review conference.
4. The parties attempt to resolve the dispute
If both sides agree, the BRO prepares a Benefit Dispute Agreement (BDA). Once signed, it becomes binding.
5. If no agreement is reached, the case moves forward
When the dispute cannot be resolved, the BRO issues a Benefit Review Conference Report, and the case proceeds to a Contested Case Hearing (CCH) — a formal, trial‑like proceeding before an administrative law judge.
What to Expect at a BRC
A BRC is more structured than a phone call but less formal than a courtroom hearing. While it used to be a live and in-person event, it now happens over Zoom. You can expect:
- A conference‑room setting via Zoom
- A neutral BRO leading the discussion
- Both sides presenting documents
- A focus on facts, not arguments
- A strong push toward resolution
Although the environment is less intimidating than a hearing, the stakes remain high. What happens at the BRC often shapes the rest of the claim.
How to Prepare for a BRC
Preparation is critical. Before the conference, you should:
- Gather all medical records
- Bring updated DWC‑73 Work Status Reports
- Collect wage information and pay stubs
- Review any job offers or return‑to‑work documents
- Identify witnesses or supporting evidence
- Understand the exact issues in dispute
Because the carrier arrives with experienced adjusters and attorneys, injured workers benefit greatly from legal representation.
How MLF Legal Helps at a BRC
MLF Legal ensures you walk into the BRC fully prepared and protected. We:
- Identify the strongest legal arguments
- Gather and organize evidence
- Challenge improper denials
- Present your case clearly and effectively
- Negotiate directly with the carrier
- Protect you from unfair pressure
- Position your case for success at a hearing if needed
A BRC can determine the future of your benefits. You deserve an advocate who understands the system and fights for your rights. So if you just have questions, if you think workers’ comp is cheating you out of benefits, or if the adjuster denies benefits along the way –
Call the Texas workers’ comp attorneys at MLF Legal today – 214‑357‑1782 for a free consultation.
Call MLF Legal today
214-357-1782
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