50-6-240 - Agreement settlement at conference Written agreement or settlement Report on unresolved issues Filing.

50-6-240. Agreement settlement at conference Written agreement or settlement Report on unresolved issues Filing.

(a)  (1)  A dispute may be resolved either in whole or in part at the benefit review conference. If the conference results in the resolution of some of the disputed issues by mutual agreement or in a settlement, the workers' compensation specialist shall reduce the agreement or the settlement to writing. The workers' compensation specialist and each party shall sign the agreement or settlement. A settlement is not effective unless it is approved in accordance with § 50-6-206, and takes effect on the date approved.

     (2)  The specialist shall note in a report on unresolved issues required by this section the failure of any party to furnish documents to the specialist on request by the specialist, to cooperate in scheduling, or to provide a representative who possessed settlement authority in attendance at the conference.

(b)  If the dispute is not entirely resolved at the benefit review conference, the workers' compensation specialist shall prepare a written report that also includes:

     (1)  A statement of each agreed upon issue; and

     (2)  A statement of each issue raised but not agreed upon.

(c)  The workers' compensation specialist shall file the signed agreement and the report with the commissioner and the court, as appropriate. Any party filing an action with a court of competent jurisdiction shall notify the division of the filing at the time of the filing. After receiving the notice, the division shall file within seven (7) days with such court any report on unresolved issues pursuant to this section resulting from a benefit review conference.

[Acts 1992, ch. 900, § 15; 1996, ch. 944, § 23.]