SECTION 147.4. Filing Agreements with the Commission; Effective Dates

(a) An agreement reached before a benefit proceeding has been scheduled may be reduced to writing and sent to the commission field office handling the claim. If the parties include a request for commission approval, the agreement is effective and binding on the date approved by the commission.

(b) A written agreement reached after a benefit proceeding has been scheduled, whether before, during, or after the proceeding has been held, shall be sent or presented to the presiding officer. The presiding officer will review the agreement to ascertain that it complies with the Texas Workers' Compensation Act and these rules; if so, sign it, and furnish copies to the parties. A written agreement is effective and binding on the date signed by the presiding officer.

(c) An oral agreement reached during a benefit contested case hearing and preserved in the record is effective and binding on the date made.

(d) A signed written agreement, or one made orally, as provided by subsection (c) of this section, is binding on:

(1) a carrier and a claimant represented by an attorney through the final conclusion of all matters relating to the claim, whether before the commission or in court, unless set aside by the commission or court on a finding of fraud, newly discovered evidence, or other good and sufficient cause; and

(2) a claimant not represented by an attorney through the final conclusion of all matters relating to the claim while the claim is pending before the commission, unless set aside by the commission for good cause.

(e) Breach of an agreement approved by the commission, done knowingly, is a Class C administrative violation, with a penalty not to exceed $1,000.

Source Note: The provisions of this §147.4 adopted to be effective April 25, 1991, 16 TexReg 2097.